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Case T-435/07: Action brought on 29 November 2007 — New Look v OHIM (NEW LOOK)
ECLI:EU:UNKNOWN:62007TN0435
62007TN0435
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Official Journal of the European Union
C 37/25
(Case T-435/07)
(2008/C 37/40)
Language of the case: English
Parties
Applicant: New Look Ltd (Weymouth, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Blair and K. Gilbert, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—The decision of the Second Board of Appeal dated 3 September 2007 in Case R 670/2007-2 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 ‘NEW LOOK’ for goods and services in classes 3, 9, 14, 16, 18, 25, 26 and 35 — application No 2 932 606
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(3) of Council Regulation No 40/94, as the Board of Appeal i) erred in requiring the applicant to demonstrate acquired distinctive character in a Member State other than the United Kingdom and Ireland; ii) erred in holding that the applicant's evidence of use of ‘NEW LOOK’ in stylised form or together with a distinctive device was incapable of imbuing the mark with distinctive character; and iii) failed to place sufficient overall weight on the applicant's evidence of use in the United Kingdom and Ireland.