Case T-346/07: Judgment of the Court of First Instance of 13 November 2008 — Duro Sweden v OHIM (EASYCOVER) (Community trade mark — Application for the Community word mark EASYCOVER — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Article 73 of Regulation No 40/94)
Date: 2008-11-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Sweden, action for annulment (EU), pulp and paper industry, trade-mark law

C 6/28

EN

Official Journal of the European Union

10.1.2009

Operative part of the judgment

The Court:

to an application for registration of the word mark EASYCOVER
as a Community trade mark

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 14 June 2007 (Case R 1130/2006-1) to the extent
that it refuses the registration as a Community trade mark of the
word sign SURFCARD for ‘magnetic data media, optical data
media’ falling within Class 9 and ‘credit card services, debit card
services’ falling within Class 36 of the Nice Agreement concerning
the
the International Classification of Goods and Services for
Purposes of the Registration of Marks of 15 June 1957, as revised
and amended.

2. Dismisses the action as to the remainder.

3. Orders the Caisse fédérale du Crédit mutuel Centre-Est Europe

(CFCMCEE) and OHIM to bear their own costs.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office
for Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) of 3 July 2007 (Case R 1065/2005 4) in so
far as concerns goods in the category ‘monuments, not of metal’;

2. Dismisses the action as to the remainder;

3. Orders Duro Sweden AB to bear its own costs and to pay three-
quarters of OHIM's costs. OHIM is ordered to pay one quarter of
its own costs.

(1) OJ C 269, 10.11.2007.

(1) OJ C 269, 10.11.2007.

Judgment of the Court of First Instance of 13 November
2008 — Duro Sweden v OHIM (EASYCOVER)

Judgment of the Court of First Instance of 12 November
2008 — EOS v OHIM (PrimeCast)

(Case T-346/07) (1)

(Case T-373/07) (1)

(Community trade mark — Application for the Community
word mark EASYCOVER — Absolute grounds for refusal —
Article 7(1)(b) and (c) of Regulation (EC) No 40/94 —
Article 73 of Regulation No 40/94)

(Community trade mark — Application for Community word
mark PrimeCast — Absolute grounds
refusal —
Descriptive character — Lack of distinctive character —
Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

for

(2009/C 6/57)

Language of the case: English

(2009/C 6/58)

Language of the case: German

Parties

Applicant: Duro Sweden AB (Gävle, Sweden)
R. Bird, Solicitor)

(represented by:

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

Parties

Applicant: EOS GmbH Electro Optical Systems
Germany) (represented by: M. Mentjes, lawyer)

(Krailling,

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: S. Schäffner and
G. Schneider, agents)

Re:

ACTION brought against the decision of the Fourth Board of
Appeal of OHIM of 3 July 2007 (Case R 1065/2005-4) relating

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 20 July 2007 (Case R 333/2005-4)
concerning an application for registration of the word mark
PrimeCast as a Community trade mark