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5.3.2005 |
EN |
Official Journal of the European Union |
C 57/27 |
Action brought on 19 November 2004 by Kenzo Takada against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case T-468/04)
(2005/C 57/46)
Language in which the application was lodged: French
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 19 November 2004 by Kenzo Takada, established in Paris, represented by Fernand de Visscher, Eric de Gryse and Donatienne Moreau, lawyers.
Kenzo SA was also a party to the proceedings before the First Board of Appeal.
The applicant claims that the Court should:
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annul the decision delivered on 14 September 2004 by the First Board of Appeal in case R 643/2003-1; |
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order OHIM to pay the costs. |
Pleas in law and main arguments:
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Applicant for Community trade mark: |
Kenzo Takada |
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Community trade mark concerned: |
The word mark 'KENZO TAKADA' for goods and services in Classes 3, 25 and 42 (Bleaching preparations and other substances for laundry use; clothing; services for providing food and drink and temporary accommodation, …) – Application No 2008084 |
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Proprietor of mark or sign cited in the opposition proceedings: |
Kenzo SA |
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Mark or sign cited in opposition: |
Community, national and international word and figurative marks 'KENZO' for the goods and services in Classes 3, 9, 25 and 42 (Bleaching preparations and other substances for laundry use; clothing; services providing temporary accommodation, food and drink, …) |
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Decision of the Opposition Division: |
Application for Community trade mark rejected. |
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Decision of the Board of Appeal: |
Appeal dismissed |
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Pleas in law: |
Infringement of Article 8(1)(b) of Council Regulation No 40/94 |