Source: EURLEX
Language: en
Format: md

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| 23.2.2008 | EN | Official Journal of the European Union | C 51/58 |

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Action brought on 21 December 2007 — Imperial Chemical Industries v OHIM (FACTORY FINISH)

(Case T-487/07)

(2008/C 51/106)

Language of the case: English

Parties

Applicant: Imperial Chemical Industries (ICI) plc (London, United Kingdom) (represented by: S. Malynicz, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

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| — | The decision of the Fourth Board of Appeal dated 24 October 2007 in Case R 668/2007-4 shall be annulled. |

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| — | The Office shall bear its own costs and pay those of the applicant. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘FACTORY FINISH’ for goods in class 2 — application No 4 538 518

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 7(1)(c) of Council Regulation No 40/94, as ‘FACTORY FINISH’ is not descriptive, but an unusual juxtaposition of words resulting in a lexical invention, and violation of Article 7(1)(b) of Council Regulation No 40/94, as the mark applied for is not devoid of distinctive character.

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