CELEX: 62007TA0346
Language: en
Date: 2008-11-13 00:00:00
Title: Case T-346/07: Judgment of the Court of First Instance of 13 November 2008 — Duro Sweden v OHIM (EASYCOVER) (Community trade mark — Application for the Community word mark EASYCOVER — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Article 73 of Regulation No 40/94)

10.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/28
            
         Judgment of the Court of First Instance of 13 November 2008 — Duro Sweden v OHIM (EASYCOVER)
   (Case T-346/07) (1)
   
   (Community trade mark - Application for the Community word mark EASYCOVER - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Article 73 of Regulation No 40/94)
   (2009/C 6/57)
   Language of the case: English
   Parties
   
      Applicant: Duro Sweden AB (Gävle, Sweden) (represented by: R. Bird, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and D. Botis, Agents)
   Re:
   ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 July 2007 (Case R 1065/2005-4) relating to an application for registration of the word mark EASYCOVER as a Community trade mark
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 July 2007 (Case R 1065/2005 4) in so far as concerns goods in the category ‘monuments, not of metal’;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders Duro Sweden AB to bear its own costs and to pay three-quarters of OHIM's costs. OHIM is ordered to pay one quarter of its own costs.
            
         
      (1)  OJ C 269, 10.11.2007.