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Document C2006/261/38

Case T-207/06: Action brought on 4 August 2006 — Europig v OHIM (EUROPIG)

OJ C 261, 28.10.2006, p. 20–20 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

28.10.2006   

EN

Official Journal of the European Union

C 261/20

Action brought on 4 August 2006 — Europig v OHIM (EUROPIG)

(Case T-207/06)

(2006/C 261/38)

Language in which the application was lodged: French

Parties

Applicant: Europig (Josselin, France) (represented by: D. Masson, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

—

annul the contested decision of the Board of Appeal of 31 May 2006 (R 1425/2005-4);

—

order OHIM to pay the costs in their entirety.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘EUROPIG’, for goods in Classes 29 and 30 (Application No 3 816 691)

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), (2) and (3) of Council Regulation No 40/94. The applicant claims that the mark applied for is not descriptive of the goods designated, is fully distinctive and that, in any event, the distinctive character of the name 'Europig' has been acquired through use.

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