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Order of the Court of First Instance (Third Chamber) of 14 December 2006.#K-Swiss, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Procedural issues - Plea of inadmissibility - Notification of the decision of the Board of Appeal - Time-limit for bringing an action.#Case T-14/06.
ECLI:EU:T:2006:401
62006TO0014
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(Case T‑14/06)
Community trade mark – Procedural issues – Plea of inadmissibility – Notification of the decision of the Board of Appeal – Time-limit for bringing an action
Community trade mark – Procedural provisions (Commission Regulation No 2868/95, Art. 1, Rules 61(2), 62(1) and (3) and 68) (see paras 22, 25-26, 28)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 26 September 2005 (Case R 1109/2004-1), concerning registration of a mark in the form of five parallel stripes placed on the lateral part of a representation of a shoe as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
K‑Swiss, Inc.
Community trade mark sought:
Figurative mark representing a shoe with five parallel stripes on the side for goods in Class 25 – Application No 2788511
Decision of the Examiner:
Application dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
Dismisses the action as inadmissible;
Orders the applicant to pay the costs.