CELEX: 62008TN0085
Language: en
Date: 2008-02-19 00:00:00
Title: Case T-85/08: Action brought on 19 February 2008 — Exalation v OHIM (Vektor-Lycopin)

26.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/36
            
         Action brought on 19 February 2008 — Exalation v OHIM (Vektor-Lycopin)
   (Case T-85/08)
   (2008/C 107/61)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Exalation Ltd (Ilford, United Kingdom) (represented by K. Zingsheim, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   Form of order sought
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of OHIM of 17 December 2007 in Case R 1037/2007-4 and OHIM's decision of 4 May 2007 and order OHIM to register the mark ‘Vektor-Lycopin’ applied for by the applicant as a Community trade mark in the Community Trade Mark Register;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘Vektor-Lycopin’ for goods in Classes 5, 29 and 30 (Application No 4 838 983)
   
      Decision of the Examiner: Partial rejection of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1), as the mark applied for has sufficient distinctive character and is not descriptive.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).