Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008 – Duro Sweden v OHIM (EASYCOVER)**

**(Case T-346/07)**

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

1.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed
exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94,
Art. 7(1)(c)) (see paras 54-55, 63, 67-68)*

2.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 75-76)*

3.                     *Community trade mark – Decisions of the Office – Observance of the rights of the defence (Council Regulation No 40/94, Art.
73) (see paras 79-80)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 July 2007 (Case R 1065/2005-4) relating to an application for registration of the word mark EASYCOVER as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Duro Sweden AB |
| Community trade mark sought: | Word mark EASYCOVER for goods in Classes 19, 24 and 27 – Application No 4114567 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

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) as regards 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. |

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