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Document 62008TN0036
Case T-36/08: Action brought on 28 January 2008 — Furukawa Electric North America v OHIM (SLIM LINE)
Case T-36/08: Action brought on 28 January 2008 — Furukawa Electric North America v OHIM (SLIM LINE)
Case T-36/08: Action brought on 28 January 2008 — Furukawa Electric North America v OHIM (SLIM LINE)
OJ C 79, 29.3.2008, p. 32–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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29.3.2008 |
EN |
Official Journal of the European Union |
C 79/32 |
Action brought on 28 January 2008 — Furukawa Electric North America v OHIM (SLIM LINE)
(Case T-36/08)
(2008/C 79/62)
Language in which the application was lodged: German
Parties
Applicant: Furukawa Electric North America, Inc. (Norcross, United States of America) (represented by O. Rauscher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
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— |
annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 November 2007 in case number R 1532/2007-2; |
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order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘SLIM LINE’ for goods in Class 9 (Application No 5 907 266)
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Misapplication of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1), as the name ‘SLIM LINE’ is neither a descriptive indication nor is it devoid of any distinctive character.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).