Source: EURLEX
Language: en
Format: md

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| 1.7.2006 | EN | Official Journal of the European Union | C 154/20 |

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Action brought on 28 April 2006 — Kapman v OHIM (representation of a saw blade in blue)

(Case T-127/06)

(2006/C 154/50)

Language of the case: English

Parties

Applicant: Kapman A.B. (Sandviken, Sweden) (represented by: R. Almaraz Palmero, lawyer)

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

Form of order sought

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| — | Annulment of the Decision of the Second Board of Appeal at OHIM of 10 February 2006 in Case R 303/2004-2; |

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| — | order the Office to refund the appeal fee to the applicant; |

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| — | order the Office to pay the costs of the dispute, including those relating to the procedure before the Board of Appeal. |

Pleas in law and main arguments

Community trade mark concerned: A figurative mark representing a saw blade in blue for goods in class 8 [saw blades (for hand-operated tools)] — application No 2 532 497

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 as among others the combination of shape and colour causes an outstanding visual impression to the relevant public, i.e. professional handymen and not to the average consumer.

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