Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 12.8.2006 | EN | Official Journal of the European Union | C 190/27 |

---

Action brought on 21 June 2006 — ColArt/Americas v OHIM (BASICS)

(Case T-164/06)

(2006/C 190/49)

Language of the case: English

Parties

Applicant: ColArt Americas, Inc (Piscataway, USA) (represented by: E. Soler Borda, lawyer)

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

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Fourth Board of Appeal of the Office for the Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 April 2006 concerning the Trade mark application BASICS No 002433613 (Case R 788/2005-4) in whole; |

|  |  |
| --- | --- |
| — | in the alternative, annul the contested decision in so far as it concerns the following products: colouring matters in the nature of acrylic paints, artists' varnishes. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘BASICS’ for goods in class 2 — application No 2 433 613

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) and (c) and Article 7(3) of Council Regulation No 40/94 as the word ‘BASICS’ is not a familiar expression in the English language with respect to the goods applied for and it is not of such nature as to give the consumers a clear understanding with respect to the products covered by the application. In any case, the trade mark applied for has acquired distinctiveness through use.

---

[Top](#document1)