CELEX: C2006/190/49
Language: en
Date: 2006-08-12 00:00:00
Title: Case T-164/06: Action brought on 21 June 2006 — ColArt/Americas v OHIM (BASICS)

12.8.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/27
            
         Action brought on 21 June 2006 — ColArt/Americas v OHIM (BASICS)
   (Case T-164/06)
   (2006/C 190/49)
   Language of the case: English
   Parties
   
      Applicant: ColArt Americas, Inc (Piscataway, USA) (represented by: E. Soler Borda, 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 the Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 April 2006 concerning the Trade mark application BASICS No 002433613 (Case R 788/2005-4) in whole;
            
         
               —
            
            
               in the alternative, annul the contested decision in so far as it concerns the following products: colouring matters in the nature of acrylic paints, artists' varnishes.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘BASICS’ for goods in class 2 — application No 2 433 613
   
      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) and (c) and Article 7(3) of Council Regulation No 40/94 as the word ‘BASICS’ is not a familiar expression in the English language with respect to the goods applied for and it is not of such nature as to give the consumers a clear understanding with respect to the products covered by the application. In any case, the trade mark applied for has acquired distinctiveness through use.