EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document C2007/095/96
Case T-58/07: Action brought on 23 February 2007 — BYK-Chemie v OHIM — (Substance for Success)
Case T-58/07: Action brought on 23 February 2007 — BYK-Chemie v OHIM — (Substance for Success)
Case T-58/07: Action brought on 23 February 2007 — BYK-Chemie v OHIM — (Substance for Success)
OJ C 95, 28.4.2007, p. 48–48
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)
|
28.4.2007 |
EN |
Official Journal of the European Union |
C 95/48 |
Action brought on 23 February 2007 — BYK-Chemie v OHIM — (Substance for Success)
(Case T-58/07)
(2007/C 95/96)
Language of the case: German
Parties
Applicant: BYK-Chemie (Wesel, Germany) (represented by: J. Kroher and A. Hettenkofer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
|
— |
Annul the decision of the Fourth Board of Appeal of the defendant of 9 January 2007 in Case R0816/2006-04; |
|
— |
order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘Substance for success ’for goods and services in Classes 1, 40-42 (Application No 3 660 552).
Decision of the Examiner: Rejection of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Breach of Article 7(1)(b) and (c) of Council Regulation No 40/94 (1) as the registered trade mark is neither devoid of the necessary distinctive character nor is to be reserved for use in trade.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).