CELEX: C2006/190/45
Language: en
Date: 2006-08-12 00:00:00
Title: Case T-158/06: Action brought on 20 June 2006 — Adobe v OHIM (FLEX)

12.8.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/25
            
         Action brought on 20 June 2006 — Adobe v OHIM (FLEX)
   (Case T-158/06)
   (2006/C 190/45)
   Language of the case: English
   Parties
   
      Applicant: Adobe Systems Inc. (San Jose, USA) (represented by: M. Graf, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   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 11 April 2006 in Case R 1430/2005-2 Adobe Systems Incorporated v OHIM (Flex) insofar as it dismissed the appeal for other goods than ‘computer hardware; computer peripherals and data processing equipment’ in class 9 and the services applied for of class 42.
            
         
               —
            
            
               Order the Office to bear its own costs and to pay those of the applicant.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘FLEX’ for goods and services in classes 9, 38 and 42 — application No 3 795 011
   
      Decision of the examiner: Refusal of the application
   
      Decision of the Board of Appeal: Partial dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 and failure to take prior national registrations into account.