Judgment of the Court of First Instance of 13 November 2008 - Duro Sweden v OHIM (EASYCOVER)
(Community trade mark - Application for the Community word mark EASYCOVER - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Article 73 of Regulation No 40/94)
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) (represented by: P. Bullock and D. Botis, Agents)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 July 2007 (Case R 1065/2005-4) relating to an application for registration of the word mark EASYCOVER as a Community trade mark
Operative part of the judgment
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 July 2007 (Case R 1065/2005 4) in so far as concerns goods in the category 'monuments, not of metal';
2. Dismisses the action as to the remainder;
3. Orders Duro Sweden AB to bear its own costs and to pay three-quarters of OHIM's costs. OHIM is ordered to pay one quarter of its own costs.
____________1 - OJ C 269, 10.11.2007.