Action brought on 19 February 2008 - Exalation v OHIM (Vektor-Lycopin)
(Case T-85/08)
Language in which the application was lodged: German
Parties
Applicant: Exalation Ltd (Ilford, United Kingdom) (represented by K. Zingsheim, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Form of order sought
The applicant claims that the Court should:
Annul the decision of the Fourth Board of Appeal of OHIM of 17 December 2007 in Case R 1037/2007-4 and OHIM's decision of 4 May 2007 and order OHIM to register the mark 'Vektor-Lycopin' applied for by the applicant as a Community trade mark in the Community Trade Mark Register;
Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The word mark 'Vektor-Lycopin' for goods in Classes 5, 29 and 30 (Application No 4 838 983)
Decision of the Examiner: Partial rejection of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94,
1 as the mark applied for has sufficient distinctive character and is not descriptive.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).