Source: EURLEX
Language: en
Format: md

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| 6.12.2008 | EN | Official Journal of the European Union | C 313/53 |

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Action brought on 13 October 2008 — Zeta Europe v OHIM (Superleggera)

(Case T-464/08)

(2008/C 313/95)

Language in which the application was lodged: Italian

Parties

Applicant: Zeta Europe BV (Het Ambacht, Netherlands) (represented by V. Bilardo, C. Bacchini and M. Mazzitelli, lawyers)

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

Form of order sought

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| — | annul the decision of the First Board of Appeal of OHIM of 17 July 2008 in Case R 666/2008-1 concerning the applicant; |

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| — | order OHIM to pay the costs |

Pleas in law and main arguments

Community trade mark concerned: Figurative mark ‘Superleggera’ (Community trade mark application No 5.456.207) for goods in Classes 12, 18 and 25.

Decision of the Examiner: Refusal of the application for registration, having noted that the mark in question consists of the adjective ‘superleggera’ and that that will therefore be understood as a descriptive indication of the weight of goods.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Articles 7(1)(b), 73 and 74 of Regulation (EC) No 40/94 on the Community trade mark.

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