CELEX: C2007/170/63
Language: en
Date: 2007-07-21 00:00:00
Title: Case T-181/07: Action brought on 25 May 2007 — Eurocopter v OHIM (STEADYCONTROL)

21.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 170/32
            
         Action brought on 25 May 2007 — Eurocopter v OHIM (STEADYCONTROL)
   (Case T-181/07)
   (2007/C 170/63)
   Language of the case: French
   Parties
   
      Applicant: Eurocopter (Marignane, France) (represented by E. Soler Borda, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   Form of order sought
   
               —
            
            
               annulment of the decision of the Fourth Board of Appeal of OHIM of 12 March 2007 concerning the application for a Community trade mark STEADYCONTROL No 3 560 935 (R 8/2006-4) in its entirety.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Word mark ‘STEADYCONTROL’ in respect of goods in Classes 9, 12 and 38 (application No 3 560 935)
   
      Decision of the Examiner: Partial refusal of registration in respect of products in Classes 9 and 12
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) and of Article 7(2) of Council Regulation No 40/94 (1) in so far as, according to the applicant and in contrast to the grounds of the contested decision, the word ‘STEADYCONTROL’ is not descriptive and allows the goods applied for to be distinguished.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994, L 11, p. 1).