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Document C2007/020/51

    Case T-387/06: Action brought on 20 December 2006 — Inter-IKEA v OHIM (representation of a pallet)

    ĠU C 20, 27.1.2007, p. 35–35 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
    ĠU C 20, 27.1.2007, p. 34–34 (BG, RO)

    27.1.2007   

    EN

    Official Journal of the European Union

    C 20/35


    Action brought on 20 December 2006 — Inter-IKEA v OHIM (representation of a pallet)

    (Case T-387/06)

    (2007/C 20/52)

    Language of the case: English

    Parties

    Applicant: Inter-IKEA Systems BV (Delft, Netherlands) (represented by: J. Gulliksson, lawyer)

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

    Form of order sought

    Annul the decision of the First Board of Appeal of 26 September 2006 in Case R 353/2006-1;

    order OHIM to pay the costs.

    Pleas in law and main arguments

    Community trade mark concerned: Figurative mark representing a pallet consisting of an elongated rectangular platform or base and an equally elongated flange, ornamented with square holes, which are both at a 90 degree angle to each other, for goods and services in classes 6, 7, 16, 20, 35, 39 et 42 — application No 4 073 763

    Decision of the examiner: Refusal of the application

    Decision of the Board of Appeal: Dismissal of the appeal

    Pleas in law: Violation of Article 7(1)(b) of Council Regulation No 40/94 as the trade mark is sufficiently distinctive to be registered.


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