Keywords
Subject of the case
Operative part

Keywords

Community trade mark

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Surrender, revocation and invalidity

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Absolute grounds of invalidity

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Registration contrary to Article 7(1)(b) and (c) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(b), and (c) and 51(1)(a)) (see paras 31, 47-48, 61-66

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Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 March 2008 (Case R 638/2007‑2) concerning invalidity proceedings between Interflon BV and Illinois Tool Works, Inc.

Information relating to the case

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Operative part

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 March 2008 (Case R 638/2007‑2) in so far as it dismisses the appeal with regard to chemicals used in industry in Class 1, and industrial oils and greases and lubricants in Class 4;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.