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Document C2007/315/80

Case T-396/07: Action brought on 30 October 2007 — France Télécom v OHIM (UNIQUE)

OJ C 315, 22.12.2007, p. 42–42 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

22.12.2007   

EN

Official Journal of the European Union

C 315/42

Action brought on 30 October 2007 — France Télécom v OHIM (UNIQUE)

(Case T-396/07)

(2007/C 315/80)

Language in which the case was lodged: French

Parties

Applicant: France Télécom (Paris, France) (represented by B. Potot, lawyer)

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

Form of order sought

—

declare that the decision of the Second Board of Appeal of OHIM of 3 September 2007 is invalid;

—

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark UNIQUE for goods and services in Classes 9, 35 and 38 (application No 5 312 392)

Decision of the Examiner: Partial refusal of registration

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and Article 7(2) of Regulation No 40/94 of the Council (1) inasmuch as, in the applicant's view and contrary to what is stated in the contested decision, the word ‘UNIQUE’ is not devoid of any distinctive character.

(1)  Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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