CELEX: 62008TN0200
Language: en
Date: 2008-05-22 00:00:00
Title: Case T-200/08: Action brought on 22 May 2008 — Interflon v OHIM — Illinois Tool Works (FOODLUBE)

19.7.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/29
            
         Action brought on 22 May 2008 — Interflon v OHIM — Illinois Tool Works (FOODLUBE)
   (Case T-200/08)
   (2008/C 183/54)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Interflon BV (Roosendaal, Netherlands) (represented by: S. M. Wertwijn, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Illinois Tool Works Inc. (Glenview, United States)
   Form of order sought
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 March 2008 in case R 638/2007-2; and
            
         
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               grant applicant's request for the cancellation of the Community trade mark concerned.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘FOODLUBE’ for goods in classes 1 and 4 — registration No 1 647 734
   
      Decision of the Cancellation Division: Refusal of the request for the declaration of invalidity
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94 as the trade mark concerned is devoid of any distinctive character; infringement of Article 7(1)(c) of Council Regulation 40/94 as the trade mark concerned is not capable of distinguishing the indicated goods in terms of their origin.