7.7.2007 |
EN |
Official Journal of the European Union |
C 155/35 |
Action brought on 7 May 2007 — Lange Uhren v OHIM (Figurative mark representing a watch)
(Case T-152/07)
(2007/C 155/63)
Language of the case: German
Parties
Applicant: Lange Uhren GmbH (Glashütte, Germany) (represented by M. Schaeffer, Rechtsanwalt)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 15 February 2007 in Case R 1176/2005-1; |
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declare that the provisions of Article 7(1)(b) of Regulation (EC) No 40/94 (1) do not preclude publication of the Community trade mark applied for under No 2542694 for goods in class 14 (‘luxury watches and chronometric instruments; watchfaces for luxury watches’); |
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in the alternative, declare that the Community trade mark applied for under No 2542694 has become distinctive in respect of the goods applied for in class 14 as a result of the use which has been made of it, in accordance with Article 7(3) of Regulation No 40/94; |
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order the Office for Harmonisation in the Internal Market to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: A figurative mark representing a watch for goods in class 14 (registration No 2542694).
Decision of the Examiner: Application refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law:
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Infringement of Article 7(1)(b) of Regulation No 40/94, as the mark applied for does not lack the requisite distinctive character; |
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Infringement of Article 7(3) of Regulation No 40/94, as, due to an error in law, the mark applied for has been held not to have become distinctive as a result of the use which has been made of it. |
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).