Judgment — ECLI:EU:T:2008:532
Date: 2008-11-26
Language of the case: English
Court formation: Second 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

Action brought on 25 May 2007 - Avon Products v OHIM (ANEW ALTERNATIVE) (Case T-184/07) Language of the case: English Parties Applicant: Avon Products, Inc. (New York, United States) (represented by: C. Heitmann-Lichtenstein, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) 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 22 March 2007 in Case R 1471/2006-2; order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: The word mark 'ANEW ALTERNATIVE' for goods in class 3 - application No 4 357 919 Decision of the examiner: Refusal of the application Decision of the Board of Appeal: Dismissal of the appeal Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 and of the principle of equal treatment. ____________