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Case T-200/08: Action brought on 22 May 2008 — Interflon v OHIM — Illinois Tool Works (FOODLUBE)
ECLI:EU:UNKNOWN:62008TN0200
62008TN0200
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Valentina R., lawyer
19.7.2008
EN
Official Journal of the European Union
C 183/29
(Case T-200/08)
(2008/C 183/54)
Language in which the application was lodged: English
Parties
Applicant: Interflon BV (Roosendaal, Netherlands) (represented by: S. M. Wertwijn, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Illinois Tool Works Inc. (Glenview, United States)
Form of order sought
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 March 2008 in case R 638/2007-2; and
—grant applicant's request for the cancellation of the Community trade mark concerned.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘FOODLUBE’ for goods in classes 1 and 4 — registration No 1 647 734
Decision of the Cancellation Division: Refusal of the request for the declaration of invalidity
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 trade mark concerned is devoid of any distinctive character; infringement of Article 7(1)(c) of Council Regulation 40/94 as the trade mark concerned is not capable of distinguishing the indicated goods in terms of their origin.