Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008 – Duro Sweden v OHIM (EASYCOVER)

(Case T-346/07)

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

1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 54-55, 63, 67-68)

2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 75-76)

3.                     Community trade mark – Decisions of the Office – Observance of the rights of the defence (Council Regulation No 40/94, Art. 73) (see paras 79-80)

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.

Information relating to the case

Applicant for the Community trade mark:	Duro Sweden AB
Community trade mark sought:	Word mark EASYCOVER for goods in Classes 19, 24 and 27 – Application No 4114567
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

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) as regards 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.