CELEX: 62007TN0487
Language: en
Date: 2007-12-21 00:00:00
Title: Case T-487/07: Action brought on 21 December 2007 — Imperial Chemical Industries v OHIM (FACTORY FINISH)

23.2.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/58
            
         Action brought on 21 December 2007 — Imperial Chemical Industries v OHIM (FACTORY FINISH)
   (Case T-487/07)
   (2008/C 51/106)
   Language of the case: English
   Parties
   
      Applicant: Imperial Chemical Industries (ICI) plc (London, United Kingdom) (represented by: S. Malynicz, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               The decision of the Fourth Board of Appeal dated 24 October 2007 in Case R 668/2007-4 shall be annulled.
            
         
               —
            
            
               The Office shall bear its own costs and pay those of the applicant.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘FACTORY FINISH’ for goods in class 2 — application No 4 538 518
   
      Decision of the examiner: Refusal of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Violation of Article 7(1)(c) of Council Regulation No 40/94, as ‘FACTORY FINISH’ is not descriptive, but an unusual juxtaposition of words resulting in a lexical invention, and violation of Article 7(1)(b) of Council Regulation No 40/94, as the mark applied for is not devoid of distinctive character.