Action brought on 22 June 2007 — Imperial Chemical Industries v OHIM (LIGHT & SPACE)

(Case T-224/07)

(2007/C 199/80)

Language of the case: English

Parties

Applicant: Imperial Chemical Industries plc (London, United Kingdom) (represented by: S. Malynicz, Barrister, and V. Chandler, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘LIGHT & SPACE’ for goods in class 2 — application No 5 147 756

Decision of the examiner: Refusal of the application

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 Board of Appeal regarded the trade mark in question as if it were an advertising slogan, indication of quality or incitement to purchase without considering whether the trade mark could also be an indication of origin.

Furthermore, the Board of Appeal erred in its examination of the trade mark as a whole and in its examination of its component parts and committed an error of law by requiring that the trade mark combines words that are unusual or out of the ordinary in relation to the goods in question in order to acquire distinctive character.

Finally the Board of Appeal did not assess distinctiveness in relation to the specific goods applied for.