Source: EURLEX
Language: en
Format: md

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| 30.12.2006 | EN | Official Journal of the European Union | C 326/76 |

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Action brought on 27 November 2006 — Novartis v OHIM (BLUE SOFT)

(Case T-330/06)

(2006/C 326/156)

Language of the case: German

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by N. Hebeis, lawyer)

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

Form of order sought

The applicant claims that the Court should

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| — | annul the decision of the First Board of Appeal of 14 September 2006 in Case R 270/2006-1; |

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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 word mark ‘BLUE SOFT’ for goods in Class 9 (application No 3 007 846)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: There is no absolute ground for refusal and therefore the mark for which registration is sought is capable of being protected. The sign as a whole is not purely descriptive and distinctive character is also present.

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