Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 22.12.2007 | EN | Official Journal of the European Union | C 315/42 |

---

Action brought on 30 October 2007 — France Télécom v OHIM (UNIQUE)

(Case T-396/07)

(2007/C 315/80)

Language in which the case was lodged: French

Parties

Applicant: France Télécom (Paris, France) (represented by B. Potot, lawyer)

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

Form of order sought

|  |  |
| --- | --- |
| — | declare that the decision of the Second Board of Appeal of OHIM of 3 September 2007 is invalid; |

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

Pleas in law and main arguments

Community trade mark concerned: Word mark UNIQUE for goods and services in Classes 9, 35 and 38 (application No 5 312 392)

Decision of the Examiner: Partial refusal of registration

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and Article 7(2) of Regulation No 40/94 of the Council[(1)](#ntr1-C_2007315EN.01004202-E0001) inasmuch as, in the applicant's view and contrary to what is stated in the contested decision, the word ‘UNIQUE’ is not devoid of any distinctive character.

---

[Top](#document1)