This document is an excerpt from the EUR-Lex website
Document 62008TN0200
Case T-200/08: Action brought on 22 May 2008 — Interflon v OHIM — Illinois Tool Works (FOODLUBE)
Case T-200/08: Action brought on 22 May 2008 — Interflon v OHIM — Illinois Tool Works (FOODLUBE)
Case T-200/08: Action brought on 22 May 2008 — Interflon v OHIM — Illinois Tool Works (FOODLUBE)
OJ C 183, 19.7.2008, p. 29–29
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
19.7.2008 |
EN |
Official Journal of the European Union |
C 183/29 |
Action brought on 22 May 2008 — Interflon v OHIM — Illinois Tool Works (FOODLUBE)
(Case T-200/08)
(2008/C 183/54)
Language in which the application was lodged: English
Parties
Applicant: Interflon BV (Roosendaal, Netherlands) (represented by: S. M. Wertwijn, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Illinois Tool Works Inc. (Glenview, United States)
Form of order sought
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 March 2008 in case R 638/2007-2; and |
— |
grant applicant's request for the cancellation of the Community trade mark concerned. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘FOODLUBE’ for goods in classes 1 and 4 — registration No 1 647 734
Decision of the Cancellation Division: Refusal of the request for the declaration of invalidity
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94 as the trade mark concerned is devoid of any distinctive character; infringement of Article 7(1)(c) of Council Regulation 40/94 as the trade mark concerned is not capable of distinguishing the indicated goods in terms of their origin.