CELEX: C2007/095/96
Language: en
Date: 2007-04-28 00:00:00
Title: Case T-58/07: Action brought on 23 February 2007 — BYK-Chemie v OHIM — (Substance for Success)

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/48
            
         Action brought on 23 February 2007 — BYK-Chemie v OHIM — (Substance for Success)
   (Case T-58/07)
   (2007/C 95/96)
   Language of the case: German
   Parties
   
      Applicant: BYK-Chemie (Wesel, Germany) (represented by: J. Kroher and A. Hettenkofer, lawyers)
   
      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 defendant of 9 January 2007 in Case R0816/2006-04;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘Substance for success ’for goods and services in Classes 1, 40-42 (Application No 3 660 552).
   
      Decision of the Examiner: Rejection of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Breach of Article 7(1)(b) and (c) of Council Regulation No 40/94 (1) as the registered trade mark is neither devoid of the necessary distinctive character nor is to be reserved for use in trade.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).