CELEX: C2007/155/63
Language: en
Date: 2007-07-07 00:00:00
Title: Case T-152/07: Action brought on 7 May 2007 — Lange Uhren v OHIM (Figurative mark representing a watch)

7.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/35
            
         Action brought on 7 May 2007 — Lange Uhren v OHIM (Figurative mark representing a watch)
   (Case T-152/07)
   (2007/C 155/63)
   Language of the case: German
   Parties
   
      Applicant: Lange Uhren GmbH (Glashütte, Germany) (represented by M. Schaeffer, Rechtsanwalt)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
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               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 15 February 2007 in Case R 1176/2005-1;
            
         
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               declare that the provisions of Article 7(1)(b) of Regulation (EC) No 40/94 (1) do not preclude publication of the Community trade mark applied for under No 2542694 for goods in class 14 (‘luxury watches and chronometric instruments; watchfaces for luxury watches’);
            
         
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               in the alternative, declare that the Community trade mark applied for under No 2542694 has become distinctive in respect of the goods applied for in class 14 as a result of the use which has been made of it, in accordance with Article 7(3) of Regulation No 40/94;
            
         
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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: A figurative mark representing a watch for goods in class 14 (registration No 2542694).
   
      Decision of the Examiner: Application refused.
   
      Decision of the Board of Appeal: Appeal dismissed.
   Pleas in law:
   
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               Infringement of Article 7(1)(b) of Regulation No 40/94, as the mark applied for does not lack the requisite distinctive character;
            
         
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               Infringement of Article 7(3) of Regulation No 40/94, as, due to an error in law, the mark applied for has been held not to have become distinctive as a result of the use which has been made of it.
            
         
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).