Source: EURLEX
Language: en
Format: md

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| 10.11.2007 | EN | Official Journal of the European Union | C 269/52 |

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Action brought on 3 September 2007 — Caisse Fédérale du Crédit Mutuel Centre Est Europe v OHIM (SURFCARD)

(Case T-325/07)

(2007/C 269/94)

Language in which the application was lodged: French

Parties

Applicant: Caisse Fédérale du Crédit Mutuel Centre Est Europe (Strasbourg, France) (represented by: P. Greffe and J. Schoumann, lawyers)

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

Form of order sought

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| — | Annulment of the decision of the First Board of Appeal of OHIM of 14 June 2007, Case R 1130/2006-1 refusing application for registration of Community trade mark ‘SURFCARD’, application No 3 837 564, for goods and services sought in classes 9, 36 and 38; |

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| — | Registration of Community trade mark ‘SURFCARD’ No 3 837 564 for all of the goods and services sought. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘SURFCARD’ for goods and services in classes 9, 36 and 38 (application No 3 837 564)

Decision of examiner: Application for registration partially refused

Decision of the Board of Appeal: Action dismissed

Pleas in law: Infringement of Article 7(1)(b)of Regulation No 40/94 of the Council[(1)](#ntr1-C_2007269EN.01005202-E0001) in that, according to the applicant and contrary to observations in the contested decision, the expression ‘SURFCARD’ is arbitrary and distinctive in relation to the goods and services sought.

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