Source: EURLEX
Language: en
Format: md

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| 10.11.2007 | EN | Official Journal of the European Union | C 269/59 |

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Action brought on 12 September 2007 — allsafe Jungfalk v OHIM (ALLSAFE)

(Case T-343/07)

(2007/C 269/107)

Language of the case: German

Parties

Applicant: allsafe Jungfalk GmbH & Co. KG (Engen, Germany) (represented by D. Jestaedt and J. Bühling, 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 Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 July 2007 (R 454/2006-4); |

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

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘ALLSAFE’ for goods and services in Classes 6, 12, 22, 35, 39 and 42 (application No 2 940 534).

Decision of the Examiner: Refusal of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007269EN.01005902-E0001), since the trade mark applied for does not lack the necessary distinctive character and is not descriptive.

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