CELEX: 62008TN0036
Language: en
Date: 2008-01-28 00:00:00
Title: Case T-36/08: Action brought on 28 January 2008 — Furukawa Electric North America v OHIM (SLIM LINE)

29.3.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 79/32
            
         Action brought on 28 January 2008 — Furukawa Electric North America v OHIM (SLIM LINE)
   (Case T-36/08)
   (2008/C 79/62)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Furukawa Electric North America, Inc. (Norcross, United States of America) (represented by O. Rauscher, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 November 2007 in case number R 1532/2007-2;
            
         
               —
            
            
               order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: the word mark ‘SLIM LINE’ for goods in Class 9 (Application No 5 907 266)
   
      Decision of the Examiner: Refusal of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Misapplication of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1), as the name ‘SLIM LINE’ is neither a descriptive indication nor is it devoid of any distinctive character.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).