CELEX: C2005/281/53
Language: en
Date: 2005-11-12 00:00:00
Title: Case T-331/05: Action brought on 1 September 2005 — IKEA/OHIM

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/28
            
         Action brought on 1 September 2005 — IKEA/OHIM
   (Case T-331/05)
   (2005/C 281/53)
   Language of the case: English
   Parties
   
      Applicant(s): Inter IKEA Systems B.V. (Delft, The Netherlands) [represented by: J. Gulliksson, J. Olsson, lawyers]
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the Decision of the First Board of Appeal of July 1, 2005 in case R 799/2004-1, and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: A figurative mark consisting of the colour combination blue and yellow for goods and services in classes 20 and 35 (furniture, advertising etc.) — application No 3 160 363
   
      Decision of the examiner: Refusal of the application for all goods and services
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and Article 7(3) of Council Regulation No 40/94 as the trade mark is sufficiently distinctive per se to be registrable and further has acquired distinctiveness through use in Germany, the Netherlands and Sweden.