I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
(2008/C 51/106)
Language of the case: English
Applicant: Imperial Chemical Industries (ICI) plc (London, United Kingdom) (represented by: S. Malynicz, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
—The decision of the Fourth Board of Appeal dated 24 October 2007 in Case R 668/2007-4 shall be annulled.
—The Office shall bear its own costs and pay those of the applicant.
Community trade mark concerned: The word mark ‘FACTORY FINISH’ for goods in class 2 — application No 4 538 518
Decision of the examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Violation of Article 7(1)(c) of Council Regulation No 40/94, as ‘FACTORY FINISH’ is not descriptive, but an unusual juxtaposition of words resulting in a lexical invention, and violation of Article 7(1)(b) of Council Regulation No 40/94, as the mark applied for is not devoid of distinctive character.