This document is an excerpt from the EUR-Lex website
Document C2007/315/82
Case T-400/07: Action brought on 5 November 2007 — GretagMacbeth v OHIM (Coloured squares)
Case T-400/07: Action brought on 5 November 2007 — GretagMacbeth v OHIM (Coloured squares)
Case T-400/07: Action brought on 5 November 2007 — GretagMacbeth v OHIM (Coloured squares)
IO C 315, 22.12.2007, p. 43–43
(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 315/43 |
Action brought on 5 November 2007 — GretagMacbeth v OHIM (Coloured squares)
(Case T-400/07)
(2007/C 315/82)
Language of the case: German
Parties
Applicant: GretagMacbeth LLC (New Windsor, United States of America) (represented by: J. Weiser, lawyer)
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 of 30 August 2007 in Case R 30/2007-4 concerning Community trade mark application No 4 634 572; |
|
— |
Order the Office for Harmonisation in the Internal Market to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The colour mark ‘coloured squares’ in respect of goods and services in Classes 9, 16 and 42 (application No 4 634 572).
Decision of the Examiner: Rejection of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1), since the mark applied for was deemed incorrectly not to have any distinctive character in respect of the goods and services covered.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).