8.3.2008 |
EN |
Official Journal of the European Union |
C 64/53 |
Action brought on 24 December 2007 — RS Arbeitsschutz v OHIM — RS Components (RS)
(Case T-501/07)
(2008/C 64/84)
Language in which the application was lodged: English
Parties
Applicant: R. S. Arbeitsschutz Bedarfshandesgesellschaft mbH (Kaltenkirchen, Germany) (represented by: M. Ivens, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: RS Components Ltd (Corby, United Kingdom)
Form of order sought
— |
Annul the decision of the Second Board of Appeal of 16 October 2007, notified to the applicant on 26 October 2007 in Case R 531/2007-2 and of the decision of the Opposition Division of 13 February 2007 ruling on Opposition No B 902 660. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The Community figurative trade mark composed of a device of a stylised glove or hand and the bold capital letters ‘RS’ for goods in class 9, 17 and 25 — application No 4 113 981
Proprietor of the mark or sign cited in the opposition proceedings: RS Components Ltd
Mark or sign cited: The Community figurative trade mark ‘RS’ for goods in class 9, 17 and 25
Decision of the Opposition Division: Upheld the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94.