Notice for the OJ

 

Action brought on 17 July 2002 by Fieldturf Inc. against the Office for Harmonization in the Internal Market (Trademarks and Designs)

    (Case T-216/02)

    Language of the case: English

An action against the Office for Harmonization in the Internal Market (Trademarks and Designs) was brought before the Court of First Instance of the European Communities on 17 July 2002 by Fieldturf Inc. Montreal (Canada), represented by Dr Patrick Baronikians at Schwarz Kurtze Schniewind Kelwing Wicke in Munich, Germany

The applicant claims that the Court should:

(annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trademarks and Designs) of 15 May 2002 (Case R 462/2001-1) concerning the registration of the trademark "LOOKS LIKE GRASS... FEELS LIKE GRASS... PLAYS LIKE GRASS" and direct that the claimed mark will be registered for all the goods and service applied for;

(order the Office for Harmonisation in the Internal Market (Trademarks and Designs) to pay the costs of the applicant.

Pleas in law and main arguments:

The trade mark concerned:The word mark "LOOKS LIKE GRASS... FEELS LIKE GRASS... PLAYS LIKE GRASS" - application No 1712918

Goods or service concerned:Goods and services in Classes 27 and 37 (i.a. synthetic surfaces for athletic activities)

Decision contested before the

Board of Appeal:Refusal of registration by the examiner

Decision of the Board of Appeal:Dismissal of the appeal

Grounds of claim:(The trademark applied for satisfies the minimum requirements for a distinctive character (Article 7(1)(b) of Regulation (EC) No 40/94¹).

(The contested decision is contrary to jurisprudence of the Court.

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¹ - Council Regulation (EC) No 40/94 of 20.12.1993 on the Community trade mark (OJ L 11, p. 1).