CELEX: C2007/297/88
Language: en
Date: 2007-12-08 00:00:00
Title: Case T-378/07: Action brought on 2 October 2007 — CNH Global v OHIM (Figurative mark representing a tractor in red, black and grey)

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/43
            
         Action brought on 2 October 2007 — CNH Global v OHIM (Figurative mark representing a tractor in red, black and grey)
   (Case T-378/07)
   (2007/C 297/88)
   Language of the case: English
   Parties
   
      Applicant: CNH Global NV (Amsterdam, Netherlands) (represented by: M. Edenborough, Barrister, and R. Harrison, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
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               The decision of the First Board of Appeal No R 1642/2006-1 be annulled in its entirety; and
            
         
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               the Office pays to the applicant/appellant the costs incurred by the applicant/appellant in connection with this appeal.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: A figurative mark representing a tractor in red, black and grey for goods in class 12 — application No 3 944 139
   
      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 (3) of Council Regulation No 40/94 as the figurative mark applied for had acquired distinctive character through use.