CELEX: C2006/326/156
Language: en
Date: 2006-12-30 00:00:00
Title: Case T-330/06: Action brought on 27 November 2006 — Novartis v OHIM (BLUE SOFT)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/76
            
         Action brought on 27 November 2006 — Novartis v OHIM (BLUE SOFT)
   (Case T-330/06)
   (2006/C 326/156)
   Language of the case: German
   Parties
   
      Applicant: Novartis AG (Basel, Switzerland) (represented by N. Hebeis, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   The applicant claims that the Court should
   
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               annul the decision of the First Board of Appeal of 14 September 2006 in Case R 270/2006-1;
            
         
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               order the Office for Harmonisation in the Internal Market to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘BLUE SOFT’ for goods in Class 9 (application No 3 007 846)
   
      Decision of the Examiner: Refusal of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: There is no absolute ground for refusal and therefore the mark for which registration is sought is capable of being protected. The sign as a whole is not purely descriptive and distinctive character is also present.