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Case T-215/06: Judgment of the Court of First Instance of 28 February 2008 — American Clothing Associates v OHIM (Representation of a maple leaf) (Community trade mark — Application for a figurative Community trade mark representing a maple leaf — Absolute ground for refusal — Service mark — Article 7(1)(h) of Regulation (EC) No 40/94 — Article 6ter of the Paris Convention — Matters of law brought before the departments of OHIM and before the Court)
ECLI:EU:UNKNOWN:62006TA0215
62006TA0215
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12.4.2008
Official Journal of the European Union
C 92/26
(Case T-215/06)
(Community trade mark - Application for a figurative Community trade mark representing a maple leaf - Absolute ground for refusal - Service mark - Article 7(1)(h) of Regulation (EC) No 40/94 - Article 6ter of the Paris Convention - Matters of law brought before the departments of OHIM and before the Court)
(2008/C 92/53)
Language of the case: French
Parties
Applicant: American Clothing Associates SA (Evergem, Belgium) (represented by: P. Maeyaert and N. Clarembeaux, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 4 May 2006 (Case R 1463/2005-1) concerning the application for registration of a sign representing a maple leaf as a Community trade mark
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 May 2006 (Case R 1463/2005-1) in so far as it relates to the registration of the mark applied for in respect of the services in Class 40 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and corresponding to the following description: ‘Tailoring; taxidermy; bookbinding; dressing, processing and finishing of skins, leather, furs and textiles; photographic film development and photographic printing; woodworking; fruit pressing; grain milling; processing, tempering and finishing of metal surfaces’;
2.Dismisses the action as to the remainder;
3.Orders each of the parties to bear its own costs.
(1) OJ C 249, 14.10.2006.