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Document 62007TJ0346

    Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008.
    Duro Sweden AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for the Community word mark EASYCOVER - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Article 73 of Regulation No 40/94.
    Case T-346/07.

    European Court Reports 2008 II-00263*

    ECLI identifier: ECLI:EU:T:2008:496





    Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008 – Duro Sweden v OHIM (EASYCOVER)

    (Case T-346/07)

    Community trade mark – Application for the Community word mark EASYCOVER – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 – Article 73 of Regulation No 40/94

    1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 54-55, 63, 67-68)

    2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 75-76)

    3.                     Community trade mark – Decisions of the Office – Observance of the rights of the defence (Council Regulation No 40/94, Art. 73) (see paras 79-80)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 July 2007 (Case R 1065/2005-4) relating to an application for registration of the word mark EASYCOVER as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Duro Sweden AB

    Community trade mark sought:

    Word mark EASYCOVER for goods in Classes 19, 24 and 27 – Application No 4114567

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 July 2007 (Case R 1065/2005 4) as regards goods in the category ‘monuments, not of metal’;

    2.

    Dismisses the action as to the remainder;

    3.

    Orders Duro Sweden AB to bear its own costs and to pay three quarters of OHIM’s costs. OHIM is ordered to pay one quarter of its own costs.

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