CELEX: C2007/269/110
Language: en
Date: 2007-11-10 00:00:00
Title: Case T-346/07: Action brought on 13 September 2007 — Duro Sweden v OHIM (EASYCOVER)

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/61
            
         Action brought on 13 September 2007 — Duro Sweden v OHIM (EASYCOVER)
   (Case T-346/07)
   (2007/C 269/110)
   Language of the case: English
   Parties
   
      Applicant: Duro Sweden AB (Gävle, Sweden) (represented by: R. Bird, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
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               Annul the decision of the Fourth Board of Appeal dated 3 July 2007 in Case No R 1065/2005-4;
            
         
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               order the defendant to pay the costs of this appeal, and
            
         
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               order the grant of the application as a Community trade mark in accordance with the regulation.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘EASYCOVER’ for goods in classes 19, 24 and 27 — application No 4 114 567
   
      Decision of the examiner: Refusal of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94 as the Board of Appeal held that the trade mark application infringed Article 7(1)(b) on the basis that the trade mark application infringed Article 7(1)(c) without asserting any independent grounds for infringement of Article 7(1)(b)
   Infringement of Article 7(1)(c) of the regulation as the Board of Appeal did not take all aspects of the trade mark applied for into account.