Source: EURLEX
Language: en
Format: md

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| 12.1.2008 | EN | Official Journal of the European Union | C 8/21 |

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Action brought on 14 November 2007 — Caisse Fédérale du Crédit Mutuel Centre Est Europe v OHIM (P@YWEB CARD)

(Case T-405/07)

(2008/C 8/37)

Language in which the application was lodged: French

Parties

Applicant: Caisse Fédérale du Crédit Mutuel Centre Est Europe (Strasbourg, France) (represented by: P. Greffe and J. Schouman, lawyers)

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

Form of order sought

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| — | Annulment of the decision of the First Board of Appeal of OHIM of 10 July 2007, notified on 14 September 2007, Case R 119/2007-1 refusing its application for registration of Community trade mark P@YWEB CARD, application No 3 861 044, for all the goods and services designated in classes 9, 36 and 38; |

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| — | Registration of Community trade mark application P@YWEB CARD No 3 861 044, for all the goods and services designated. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘P@YWEB CARD’ for goods and services in classes 9, 36 and 38 (Application No 3 861 044)

Decision of the Examiner: Application for registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94[(1)](#ntr1-C_2008008EN.01002101-E0001) in that, according to the applicant and contrary to the findings in the contested decision, the term ‘P@YWEB CARD’ is not descriptive but, on the contrary, distinctive in relation to the goods and services designated.

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