CELEX: C2007/315/80
Language: en
Date: 2007-12-22 00:00:00
Title: Case T-396/07: Action brought on 30 October 2007 — France Télécom v OHIM (UNIQUE)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/42
            
         Action brought on 30 October 2007 — France Télécom v OHIM (UNIQUE)
   (Case T-396/07)
   (2007/C 315/80)
   Language in which the case was lodged: French
   Parties
   
      Applicant: France Télécom (Paris, France) (represented by B. Potot, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               declare that the decision of the Second Board of Appeal of OHIM of 3 September 2007 is invalid;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Word mark UNIQUE for goods and services in Classes 9, 35 and 38 (application No 5 312 392)
   
      Decision of the Examiner: Partial refusal of registration
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and Article 7(2) of Regulation No 40/94 of the Council (1) inasmuch as, in the applicant's view and contrary to what is stated in the contested decision, the word ‘UNIQUE’ is not devoid of any distinctive character.
   
      (1)  Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).