CELEX: C2007/315/82
Language: en
Date: 2007-12-22 00:00:00
Title: Case T-400/07: Action brought on 5 November 2007 — GretagMacbeth v OHIM (Coloured squares)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/43
            
         Action brought on 5 November 2007 — GretagMacbeth v OHIM (Coloured squares)
   (Case T-400/07)
   (2007/C 315/82)
   Language of the case: German
   Parties
   
      Applicant: GretagMacbeth LLC (New Windsor, United States of America) (represented by: J. Weiser, 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 Harmonisation in the Internal Market of 30 August 2007 in Case R 30/2007-4 concerning Community trade mark application No 4 634 572;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The colour mark ‘coloured squares’ in respect of goods and services in Classes 9, 16 and 42 (application No 4 634 572).
   
      Decision of the Examiner: Rejection of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1), since the mark applied for was deemed incorrectly not to have any distinctive character in respect of the goods and services covered.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).