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Case T-420/09: Action brought on 19 October 2009 — BSA v OHIM — Loblaws (PRÉSIDENT)
ECLI:EU:UNKNOWN:62009TN0420
62009TN0420
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Official Journal of the European Union
C 312/37
(Case T-420/09)
(2009/C 312/61)
Language in which the application was lodged: French
Parties
Applicant: BSA (Paris, France) (represented by: D. Masson, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Loblaws, Inc.
Form of order sought
—Annul the decision of 17 August 2009 of the Fourth Board of Appeal of OHIM, (Case R 1744/2008-4),
—Order OHIM to pay the entire costs.
Pleas in law and main arguments
Applicant for a Community trade mark: BSA
Community trade mark concerned: the figurative mark ‘PRÉSIDENT’ for goods and services in Classes 5, 29, 30 and 42 — application for registration No 2 135 200
Proprietor of the mark or sign cited in the opposition proceedings: Loblaws, Inc.
Mark or sign cited in opposition: the French word mark ‘President’s Choice’ for goods in Classes 5, 30, 31 and 32 and the Community figurative mark ‘PRESIDENT’S CHOICE’ for goods in Classes 30, 31 and 32 (Community trade mark No 1 872 407)
Decision of the Opposition Division: partial upholding of the opposition
Decision of the Board of Appeal: dismissal of appeal as inadmissible
Pleas in law: infringement of Article 59 of Regulation (EC) No 40/94 [now Article 60 of Regulation (EC) No 207/2009] and of Article 71 of Regulation (EC) No 2868/95, (1) and of the principle of the right to be heard in accordance with Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1)