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Case T-36/08: Action brought on 28 January 2008 — Furukawa Electric North America v OHIM (SLIM LINE)
ECLI:EU:UNKNOWN:62008TN0036
62008TN0036
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Valentina R., lawyer
29.3.2008
EN
Official Journal of the European Union
C 79/32
(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:
—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;
—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.
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).