29.8.2009

Official Journal of the European Union

C 205/29

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(Case C-254/09 P)

(2009/C 205/50)

Language of the case: Spanish

Parties

Appellant: Calvin Klein Trademark Trust (represented by: T. Andrade Boué, lawyer)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Zafra Marroquineros, S.L.

Form of order sought

—Set aside the judgment of the Court of First Instance (Sixth Chamber) of 7 May 2009 in Case T-185/07;

—Order OHIM and Zafra Marroquineros, S.L. to pay the costs.

Pleas in law and main arguments

The judgment runs counter to the case-law on the interpretation of Article 8(1) of Regulation No 40/94 (1) on the Community trade mark concerning the need to take into account all the factors characterising a specific case: the Court of First Instance failed to give appropriate legal weight to the fact that the party applying for the Community trade mark has used that mark to copy the cK marks which have reputation, and through its own acts, it makes it clear, in no uncertain terms, that the letters CK constitute the most distinctive part of the Community trade mark in question.

Infringement of Article 8(5) of Regulation No 40/94 as the Court of First Instance failed to assess the reputation of the opposing marks in the context of that article.

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(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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