Source: EURLEX
Language: en
Format: md

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| 28.4.2007 | EN | Official Journal of the European Union | C 95/48 |

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Action brought on 23 February 2007 — BYK-Chemie v OHIM — (Substance for Success)

(Case T-58/07)

(2007/C 95/96)

Language of the case: German

Parties

Applicant: BYK-Chemie (Wesel, Germany) (represented by: J. Kroher and A. Hettenkofer, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the defendant of 9 January 2007 in Case R0816/2006-04; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘Substance for success ’for goods and services in Classes 1, 40-42 (Application No 3 660 552).

Decision of the Examiner: Rejection 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 Council Regulation No 40/94[(1)](#ntr1-C_2007095EN.01004801-E0001) as the registered trade mark is neither devoid of the necessary distinctive character nor is to be reserved for use in trade.

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