12.1.2008

EN

Official Journal of the European Union

C 8/23

(Case T-409/07)

(2008/C 8/41)

Language of the case: English

Parties

Applicant: Prof. Dr.-Ing. Helge B. Cohausz (Düsseldorf, Germany) (represented by: I. Friedhoff, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: José Izquierdo Faces (Bilbao, Spain)

Form of order sought

—Annul the contested action [decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2007 in Case R 289/2006-1];

—order intervener and/or [OHIM] to pay the costs.

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark ‘acopat’ for services in classes 35 and 42 — Community trade mark No 1 643 782

Proprietor of the Community trade mark: José Izquierdo Faces

Party requesting the declaration of invalidity of the Community trade mark: The applicant

Trade mark right of the party requesting the declaration of invalidity: The national word mark ‘COPAT’ for goods and services in classes 9, 35, 41 and 42

Decision of the Cancellation Division: Declaration of invalidity of the Community trade mark

Decision of the Board of Appeal: Annulment of the Cancellation Division's decision and dismissal of the request for a declaration of invalidity

Pleas in law: Infringement of Article 56(2) and (3) of Council Regulation No 40/94 and Rules 22(2) and 40(5) of Commission Regulation No 2868/95, as the Board of Appeal incorrectly found that the national trade mark had not been used in Germany during the period 1996 to 2001.