Source: EURLEX
Language: en
Format: md

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| 10.1.2009 | EN | Official Journal of the European Union | C 6/28 |

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Judgment of the Court of First Instance of 13 November 2008 — Duro Sweden v OHIM (EASYCOVER)

(Case T-346/07)[(1)](#ntr1-C_2009006EN.01002801-E0001)

(Community trade mark - Application for the Community word mark EASYCOVER - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Article 73 of Regulation No 40/94)

(2009/C 6/57)

Language of the case: English

Parties

Applicant: Duro Sweden AB (Gävle, Sweden) (represented by: R. Bird, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and D. Botis, Agents)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 July 2007 (Case R 1065/2005-4) relating to an application for registration of the word mark EASYCOVER as a Community trade mark

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 July 2007 (Case R 1065/2005 4) in so far as concerns goods in the category ‘monuments, not of metal’; |

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

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| 3. | Orders Duro Sweden AB to bear its own costs and to pay three-quarters of OHIM's costs. OHIM is ordered to pay one quarter of its own costs. |

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