Source: EURLEX
Language: en
Format: md

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| 20.11.2010 | EN | Official Journal of the European Union | C 317/26 |

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Judgment of the General Court of 29 September 2010 — Interflon v OHIM — Illinois Tool Works (FOODLUBE)

(Case T-200/08)[(1)](#ntr1-C_2010317EN.01002602-E0001)

(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))

2010/C 317/46

Language of the case: English

Parties

Applicant: Interflon BV (Rosendaal, Netherlands) (represented by: S. Wertwijn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Illinois Tool Works, Inc. (Glenview, Illinois, United States)

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.

Operative part of the judgment

The Court:

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| 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; |

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

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

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