Source: EURLEX
Language: en
Format: md

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| 22.12.2007 | EN | Official Journal of the European Union | C 315/43 |

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Action brought on 5 November 2007 — GretagMacbeth v OHIM (Coloured squares)

(Case T-400/07)

(2007/C 315/82)

Language of the case: German

Parties

Applicant: GretagMacbeth LLC (New Windsor, United States of America) (represented by: J. Weiser, 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 30 August 2007 in Case R 30/2007-4 concerning Community trade mark application No 4 634 572; |

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| — | Order the Office for Harmonisation in the Internal Market to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The colour mark ‘coloured squares’ in respect of goods and services in Classes 9, 16 and 42 (application No 4 634 572).

Decision of the Examiner: Rejection of the application.

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

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007315EN.01004302-E0001), since the mark applied for was deemed incorrectly not to have any distinctive character in respect of the goods and services covered.

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