Source: EURLEX
Language: en
Format: md

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| 7.6.2008 | EN | Official Journal of the European Union | C 142/34 |

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Action brought on 11 April 2008 — Loufrani v OHIM (half-smiley)

(Case T-139/08)

(2008/C 142/62)

Language of the case: English

Parties

Applicant: Franklin Loufrani (London, United Kingdom) (represented by: A. Deutsch, lawyer)

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 Fourth Board of Appeal of 7 February 2008 in case R 0958/2007-4); and |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘half-smiley’ for goods in classes 14, 18 and 25 — application No 893 580

Decision of the examiner: Refusal of the application for all goods

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 the mark acquired the minimum degree of distinctiveness required to be registered.

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