Source: EURLEX
Language: en
Format: md

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| 12.8.2006 | EN | Official Journal of the European Union | C 190/25 |

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Action brought on 20 June 2006 — Adobe v OHIM (FLEX)

(Case T-158/06)

(2006/C 190/45)

Language of the case: English

Parties

Applicant: Adobe Systems Inc. (San Jose, USA) (represented by: M. Graf, lawyer)

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 Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 April 2006 in Case R 1430/2005-2 Adobe Systems Incorporated v OHIM (Flex) insofar as it dismissed the appeal for other goods than ‘computer hardware; computer peripherals and data processing equipment’ in class 9 and the services applied for of class 42. |

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| — | Order the Office to bear its own costs and to pay those of the applicant. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘FLEX’ for goods and services in classes 9, 38 and 42 — application No 3 795 011

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Partial dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 and failure to take prior national registrations into account.

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