Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 29 September 2010 – Interflon v OHIM – Illinois Tool Works (FOODLUBE)**

**(Case T-200/08)**

Community trade mark – Invalidity proceedings – Community trade mark FOODLUBE – Absolute grounds for refusal – Descriptiveness – Distinctive character – Article 7(1)(b) and (c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and Article 52(1)(a)
of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(b) and (c) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(b), and (c)
and 51(1)(a)) (see paras 31, 47-48, 61-66)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 March 2008 (Case R 638/2007‑2) concerning invalidity proceedings between Interflon BV and Illinois Tool Works, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark of which cancellation sought: | Word mark FOODLUBE for goods in Classes 1 and 4 – Registration No 1647734 |
| Proprietor of the Community trade mark: | Illinois Tools Works, Inc. |
| Party requesting the declaration of invalidity of the Community trade mark: | Interflon BV |
| Trade mark of the party seeking cancellation: | The applicant argues that the contested Community trade mark was registered in infringement of Article 7(1)(b) and (c) |
| Decision of the Cancellation Division: | Application for cancellation dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 March 2008 (Case R 638/2007‑2) in so far as it dismisses the appeal with regard to chemicals used in industry in Class 1, and industrial oils and greases and lubricants in Class 4; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Dismisses the action as to the remainder; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders each party to bear its own costs. |

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