CELEX: 62008TJ0200
Language: en
Date: 2010-09-29 00:00:00
Title: Judgment of the General Court (Second Chamber) of 29 September 2010. # Interflon BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community trade mark FOODLUBE - Absolute grounds for refusal - Descriptiveness - Distinctive character - Article 7(1)(b) and (c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and Article 52(1)(a) of Regulation (EC) No 207/2009). # Case T-200/08.

Judgment of the General Court (Second Chamber) of 29 September 2010 – Interflon v OHIM – Illinois Tool Works (FOODLUBE)
      (Case T-200/08)
      Community trade mark – Invalidity proceedings – Community trade mark FOODLUBE – Absolute grounds for refusal – Descriptiveness – Distinctive character – Article 7(1)(b) and (c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and Article 52(1)(a)
         of Regulation (EC) No 207/2009)
      
      Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(b) and (c) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(b), and (c)
         and 51(1)(a)) (see paras 31, 47-48, 61-66)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 March 2008 (Case R 638/2007‑2) concerning invalidity
                  proceedings between Interflon BV and Illinois Tool Works, Inc.
               
            Information relating to the case 
      
               Registered Community trade mark of which cancellation sought:
            
            
               Word mark FOODLUBE for goods in Classes 1 and 4 – Registration No 1647734
            
         
               Proprietor of the Community trade mark: 
            
            
               Illinois Tools Works, Inc.
            
         
               Party requesting the declaration of invalidity of the Community trade mark:
            
            
               Interflon BV
            
         
               Trade mark of the party seeking cancellation:
            
            
               The applicant argues that the contested Community trade mark was registered in infringement of Article 7(1)(b) and (c)
            
         
               Decision of the Cancellation Division:
            
            
               Application for cancellation dismissed 
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed 
            
         
      Operative part 
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 3 March 2008 (Case R 638/2007‑2) in so far as it dismisses the appeal with regard to chemicals used in
                     industry in Class 1, and industrial oils and greases and lubricants in Class 4; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the action as to the remainder;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders each party to bear its own costs.