Source: EURLEX
Language: en
Format: md

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| 26.4.2008 | EN | Official Journal of the European Union | C 107/36 |

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Action brought on 19 February 2008 — Exalation v OHIM (Vektor-Lycopin)

(Case T-85/08)

(2008/C 107/61)

Language in which the application was lodged: German

Parties

Applicant: Exalation Ltd (Ilford, United Kingdom) (represented by K. Zingsheim, lawyer)

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 decision of the Fourth Board of Appeal of OHIM of 17 December 2007 in Case R 1037/2007-4 and OHIM's decision of 4 May 2007 and order OHIM to register the mark ‘Vektor-Lycopin’ applied for by the applicant as a Community trade mark in the Community Trade Mark Register; |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘Vektor-Lycopin’ for goods in Classes 5, 29 and 30 (Application No 4 838 983)

Decision of the Examiner: Partial rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008107EN.01003601-E0001), as the mark applied for has sufficient distinctive character and is not descriptive.

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