CELEX: C2007/283/67
Language: en
Date: 2007-11-24 00:00:00
Title: Case T-373/07: Action brought on 27 September 2007 — EOS v OHIM (PrimeCast)

24.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 283/37
            
         Action brought on 27 September 2007 — EOS v OHIM (PrimeCast)
   (Case T-373/07)
   (2007/C 283/67)
   Language of the case: German
   Parties
   
      Applicant: EOS GmbH Electro Optical Systems (Krailling, Germany) (represented by M. Mentjes, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 20 July 2007 in Case R 333/2005-4, notified to the applicant by facsimile on 27 July 2007;
            
         
               —
            
            
               Order the defendant to pay the costs in accordance with Article 87(2) and (5) of the Rules of Procedure.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: the verbal mark ‘PrimeCast’ for goods and services in Classes 1, 19, 40 and 42 (Application No 2854677).
   
      Decision of the Examiner: refusal in part of the application.
   
      Decision of the Board of Appeal: dismissal of the appeal.
   
      Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1).
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).