Order of the Court of First Instance (Third Chamber) of 14December 2006 – K‑Swiss v OHIM (Parallel stripes on a shoe)
(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 No2868/95, 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 26September 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 No2788511 |
Decision of the Examiner: | Application dismissed |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action as inadmissible; |
2. |
| Orders the applicant to pay the costs. |