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Document C2006/178/61

    Case T-141/06: Action brought on 18 May 2006 — Glaverbel v OHIM (design applied to the surface of goods)

    OJ C 178, 29.7.2006, p. 33–33 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    29.7.2006   

    EN

    Official Journal of the European Union

    C 178/33

    Action brought on 18 May 2006 — Glaverbel v OHIM (design applied to the surface of goods)

    (Case T-141/06)

    (2006/C 178/61)

    Language of the case: English

    Parties

    Applicant: Glaverbel SA (Brussels, Belgium) (represented by: S. Möbus, T. Koerl, 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 Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2006 (Case R 0986/2004-4) in so far as the decision applies to the contested goods; and

    —

    hold that, in respect of the contested goods, the evidence of use submitted was sufficient to demonstrate acquired distinctiveness in accordance with Article 7(3) CTMR, and that the Community trade mark application 003183068 has acquired distinctiveness in accordance with Article 7(3) CTMR;

    —

    remit Community trade mark application 003183068 to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) for acceptance and publication;

    —

    order the Office to pay the costs.

    Pleas in law and main arguments

    Community trade mark concerned: The figurative mark consisting of a design applied to the surface of goods for goods in classes 19 and 21 (unworked or semi-worked glass, patterned glass, glass sheets, etc.) (Community trade mark application 3 183 068)

    Decision of the examiner: Refusal of the Community trade mark application for all the goods

    Decision of the Board of Appeal: Dismissal of the appeal

    Pleas in law: The applicant contests the decision of the Board of Appeal only in relation to certain goods in class 21. The applicant invokes in that respect a violation of Article 7(3) of Regulation No 40/94.

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