CELEX: 62007TJ0346
Language: en
Date: 2008-11-13
Title: Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008. # Duro Sweden AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark EASYCOVER - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Article 73 of Regulation No 40/94. # Case T-346/07.

Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008 – Duro Sweden v OHIM (EASYCOVER)
      (Case T-346/07)
      Community trade mark – Application for the Community word mark EASYCOVER – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 – Article 73 of Regulation No 40/94
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed
            exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94,
            Art. 7(1)(c)) (see paras 54-55, 63, 67-68)
      2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
            of any distinctive character  (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 75-76)
      3.                     Community trade mark – Decisions of the Office – Observance of  the rights of the defence (Council Regulation No 40/94, Art.
            73) (see paras 79-80)
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 July 2007 (Case R 1065/2005-4) relating to
                  an application for registration of the word mark EASYCOVER as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Duro Sweden AB
            
         
               Community trade mark sought:
            
            
               Word mark EASYCOVER for goods in Classes 19, 24 and 27 – Application No 4114567
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 3 July 2007 (Case R 1065/2005 4) as regards goods in the category ‘monuments, not of metal’;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the action as to the remainder;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Duro Sweden AB to bear its own costs and to pay three quarters of OHIM’s costs. OHIM is ordered to pay one quarter
                     of its own costs.