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Case T-501/07: Action brought on 24 December 2007 — RS Arbeitsschutz v OHIM — RS Components (RS)
ECLI:EU:UNKNOWN:62007TN0501
62007TN0501
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8.3.2008
Official Journal of the European Union
C 64/53
(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.