12.1.2008

Official Journal of the European Union

C 8/21

(Case T-406/07)

(2008/C 8/38)

Language in which the application was lodged: French

Parties

Applicant: Caisse Fédérale du Crédit Mutuel Centre Est Europe (Strasbourg, France) (represented by: P. Greffe and J. Schouman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Form of order sought

—Annulment of the decision of the First Board of Appeal of OHIM of 12 September 2007, notified on 17 September 2007, Case R 120/2007-1 refusing its application for registration of Community trade mark PAYWEB CARD, application No 3 861 051, for all the goods and services designated in classes 9, 36 and 38;

—Registration of Community trade mark application PAYWEB CARD No 3 861 051, for all the goods and services designated.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘PAYWEB CARD’ for goods and services in classes 9, 36 and 38 (Application No 3 861 051)

Decision of the Examiner: Application for registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 (1) in that, according to the applicant and contrary to the findings in the contested decision, the term ‘PAYWEB CARD’ is not descriptive but, on the contrary, distinctive in relation to the goods and services designated.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).