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Case T-139/08: Action brought on 11 April 2008 — Loufrani v OHIM (half-smiley)
ECLI:EU:UNKNOWN:62008TN0139
62008TN0139
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7.6.2008
EN
Official Journal of the European Union
C 142/34
(Case T-139/08)
(2008/C 142/62)
Language of the case: English
Parties
Applicant: Franklin Loufrani (London, United Kingdom) (represented by: A. Deutsch, 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 7 February 2008 in case R 0958/2007-4); and
—order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The figurative mark ‘half-smiley’ for goods in classes 14, 18 and 25 — application No 893 580
Decision of the examiner: Refusal of the application for all goods
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94 as the mark acquired the minimum degree of distinctiveness required to be registered.