Source: EURLEX
Language: en
Format: md

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| 24.11.2007 | EN | Official Journal of the European Union | C 283/37 |

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Action brought on 27 September 2007 — EOS v OHIM (PrimeCast)

(Case T-373/07)

(2007/C 283/67)

Language of the case: German

Parties

Applicant: EOS GmbH Electro Optical Systems (Krailling, Germany) (represented by M. Mentjes, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 20 July 2007 in Case R 333/2005-4, notified to the applicant by facsimile on 27 July 2007; |

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| — | Order the defendant to pay the costs in accordance with Article 87(2) and (5) of the Rules of Procedure. |

Pleas in law and main arguments

Community trade mark concerned: the verbal mark ‘PrimeCast’ for goods and services in Classes 1, 19, 40 and 42 (Application No 2854677).

Decision of the Examiner: refusal in part of the application.

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

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007283EN.01003701-E0001).

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