# C_2008301EN.01003103.xml

| 22.11.2008 | EN | Official Journal of the European Union | C 301/31 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 301/31

---

Judgment of the Court of First Instance of 10 October 2008 — Inter-Ikea Systems v OHIM (Representation of a pallet)

(Joined Cases T-387/06 to T-390/06) (1)

1

(Community trade mark - Application for registration of figurative Community trade mark representing a pallet - Absolute ground for refusal - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 301/50)

Language of the case: English

Parties

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

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Defendant:

Re:

ACTIONS brought against four decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 September 2006 (R 353/2006-1, R 354/2006-1, R 355/2006-1 and R 356/2006-1) concerning applications for the registration of four figurative trade marks consisting of graphic representations of a pallet.

Operative part of the judgment

The Court:

| 1. | Annuls the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2006 (R 353/2006-1, R 354/2006-1, R 355/2006-1 and R 356/2006-1) in so far as registration of the marks applied was refused in respect of goods and services in Classes 6, 7, 16, 20, 35, 39 and 42 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended but not in so far as that refusal was in respect of ‘loading pallets of metal’, ‘loading carriers and loading pallets of metal for packaging and transportation purposes’ and ‘metal transport pallets’, in Class 6; ‘goods pallets not of metal’, ‘loading pallets and loading carriers not of metal for packaging and transportation purposes’ and ‘transport pallets not of metal’, in Class 20; and the ‘rental of loading pallets’ services, in Class 39; |
| --- | --- |

1.

Annuls the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2006 (R 353/2006-1, R 354/2006-1, R 355/2006-1 and R 356/2006-1) in so far as registration of the marks applied was refused in respect of goods and services in Classes 6, 7, 16, 20, 35, 39 and 42 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended but not in so far as that refusal was in respect of ‘loading pallets of metal’, ‘loading carriers and loading pallets of metal for packaging and transportation purposes’ and ‘metal transport pallets’, in Class 6; ‘goods pallets not of metal’, ‘loading pallets and loading carriers not of metal for packaging and transportation purposes’ and ‘transport pallets not of metal’, in Class 20; and the ‘rental of loading pallets’ services, in Class 39;

| 2. | Dismisses the actions as to the remainder; |
| --- | --- |

2.

Dismisses the actions as to the remainder;

| 3. | Orders each party to bear its own costs. |
| --- | --- |

3.

Orders each party to bear its own costs.

---

(1)  OJ C 20, 27.1.2007.

1

---