# C_2007155EN.01003501.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/35 |
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7.7.2007

EN

Official Journal of the European Union

C 155/35

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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)

Applicant:

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

Defendant:

Form of order sought

| — | 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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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;

| — | 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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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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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;

| — | order the Office for Harmonisation in the Internal Market to pay the costs. |
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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).

Community trade mark concerned:

Decision of the Examiner: Application refused.

Decision of the Examiner:

Decision of the Board of Appeal: Appeal dismissed.

Decision of the Board of Appeal:

Pleas in law:

| — | 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(1)(b) of Regulation No 40/94, as the mark applied for does not lack the requisite distinctive character;

| — | 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. |
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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.

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(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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