Judgment — ECLI:EU:T:2010:414
Date: 2010-09-29
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Netherlands

Action brought on 22 May 2008 - Interflon v OHIM - Illinois Tool Works (FOODLUBE) (Case T-200/08) Language in which the application was lodged: English Parties Applicant: Interflon BV (Roosendaal, Netherlands) (represented by: S. M. Wertwijn, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Illinois Tool Works Inc. (Glenview, United States) Form of order sought Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 March 2008 in case R 638/2007-2; and grant applicant's request for the cancellation of the Community trade mark concerned. Pleas in law and main arguments Community trade mark concerned: The word mark "FOODLUBE" for goods in classes 1 and 4 - registration No 1 647 734 Decision of the Cancellation Division: Refusal of the request for the declaration of invalidity Decision of the Board of Appeal: Dismissal of the appeal Pleas in law: Infringement of article 7(1)(b) of Council Regulation No 40/94 as the trade mark concerned is devoid of any distinctive character; infringement of article 7(1)(c) of Council Regulation 40/94 as the trade mark concerned is not capable of distinguishing the indicated goods in terms of their origin. ____________