Source: EURLEX
Language: en
Format: md

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| 30.12.2006 | EN | Official Journal of the European Union | C 326/81 |

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Action brought on 1 December 2006 — Compagnie générale de Diététique v OHIM (GARUM)

(Case T-341/06)

(2006/C 326/164)

Language in which the application was lodged: French

Parties

Applicant: Compagnie générale de Diététique SAS (Caen, France) (represented by: J.-J. Evrard and T. de Haan, lawyers)

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

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘GARUM’ for goods in Class 29 (application No 3501939)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94[(1)](#ntr1-C_2006326EN.01008101-E0001) in that, contrary to the finding by the Board of Appeal of OHIM in the contested decision, its mark is not descriptive in relation to the goods designated and having regard to the relevant public.

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