Judgment — ECLI:EU:T:2008:491
Date: 2008-11-12
Language of the case: German
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 27 September 2007 - EOS v OHIM (PrimeCast) (Case T-373/07) Language of the case: German Parties Applicant: EOS GmbH Electro Optical Systems (Krailling, Germany) (represented by M. Mentjes, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought Annul the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 20 July 2007 in Case R 333/2005-4, notified to the applicant by facsimile on 27 July 2007; Order the defendant to pay the costs in accordance with Article 87(2) and (5) of the Rules of Procedure. Pleas in law and main arguments Community trade mark concerned: the verbal mark 'PrimeCast' for goods and services in Classes 1, 19, 40 and 42 (Application No 2854677). Decision of the Examiner: refusal in part of the application. Decision of the Board of Appeal: dismissal of the appeal. Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94. 1 ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).