Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 26.4.2008 | EN | Official Journal of the European Union | C 107/37 |

---

Action brought on 20 February 2008 — KUKA Roboter v OHIM (colour mark orange)

(Case T-97/08)

(2008/C 107/63)

Language in which the application was lodged: German

Parties

Applicant: KUKA Roboter GmbH (Augsburg, Germany) (represented by A. Kohn, lawyer)

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

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 14 December 2007 in Case R 1572/2007-4; |

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

Pleas in law and main arguments

Community trade mark concerned: The contourless colour mark orange for goods in Class 7 (Application No 4 607 801)

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

|  |  |
| --- | --- |
| — | Infringement of Article 28 EC as the contested decision constitutes a measure having equivalent effect to a quantitative restriction on imports |

|  |  |
| --- | --- |
| — | Infringement of Article 7(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008107EN.01003702-E0001), as the mark applied for has distinctive character |

|  |  |
| --- | --- |
| — | Infringement of Articles 73 and 74 of Regulation No 40/94 as there is no or an insufficient statement of reasons for the contested decision and the facts have not been examined sufficiently |

|  |  |
| --- | --- |
| — | Misuse of powers as the defendant took extraneous considerations into account in its statement of reasons for the contested decision in respect of the requirement of availability. |

---

[Top](#document1)