CELEX: C2007/020/52
Language: en
Date: 2007-01-27 00:00:00
Title: Case T-388/06: Action brought on 20 December 2006 — Inter-IKEA v OHIM (representation of a pallet)

27.1.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 20/35
            
         Action brought on 20 December 2006 — Inter-IKEA v OHIM (representation of a pallet)
   (Case T-388/06)
   (2007/C 20/53)
   Language of the case: English
   Parties
   
      Applicant: Inter-IKEA Systems BV (Delft, Netherlands) (represented by: J. Gulliksson, lawyer)
   
      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 26 September 2006 in Case R 354/2006-1;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Figurative mark representing a pallet consisting of an elongated rectangular platform or base and an equally elongated flange, ornamented with round holes, which are both at a 90 degree angle to each other, for goods and services in classes 6, 7, 16, 20, 35, 39 et 42 — application No 4 073 731
   
      Decision of the examiner: Refusal of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Violation of Article 7(1)(b) of Council Regulation No 40/94 as the trade mark is sufficiently distinctive to be registered.