Action brought on 13 September 2007 - Duro Sweden v OHIM (EASYCOVER)

(Case T-346/07)

Language of the case: English

Parties

Applicant: Duro Sweden AB (Gävle, Sweden) (represented by: R. Bird, Solicitor)

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

Form of order sought

Annul the decision of the Fourth Board of Appeal dated 3 July 2007 in Case No R 1065/2005-4;

order the defendant to pay the costs of this appeal, and

order the grant of the application as a Community trade mark in accordance with the regulation.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'EASYCOVER' for goods in classes 19, 24 and 27 - application No 4 114 567

Decision of the examiner: Refusal of the application

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 Board of Appeal held that the trade mark application infringed Article 7(1)(b) on the basis that the trade mark application infringed Article 7(1)(c) without asserting any independent grounds for infringement of Article 7(1)(b)

Infringement of Article 7(1)(c) of the regulation as the Board of Appeal did not take all aspects of the trade mark applied for into account.

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