CELEX: 62008TN0464
Language: en
Date: 2008-10-13 00:00:00
Title: Case T-464/08: Action brought on 13 October 2008 — Zeta Europe v OHIM (Superleggera)

6.12.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/53
            
         Action brought on 13 October 2008 — Zeta Europe v OHIM (Superleggera)
   (Case T-464/08)
   (2008/C 313/95)
   Language in which the application was lodged: Italian
   Parties
   
      Applicant: Zeta Europe BV (Het Ambacht, Netherlands) (represented by V. Bilardo, C. Bacchini and M. Mazzitelli, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               annul the decision of the First Board of Appeal of OHIM of 17 July 2008 in Case R 666/2008-1 concerning the applicant;
            
         
               —
            
            
               order OHIM to pay the costs
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Figurative mark ‘Superleggera’ (Community trade mark application No 5.456.207) for goods in Classes 12, 18 and 25.
   
      Decision of the Examiner: Refusal of the application for registration, having noted that the mark in question consists of the adjective ‘superleggera’ and that that will therefore be understood as a descriptive indication of the weight of goods.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Articles 7(1)(b), 73 and 74 of Regulation (EC) No 40/94 on the Community trade mark.