Action brought on 2 October 2007 - CNH Global v OHIM (Figurative mark representing a tractor in red, black and grey)
(Case T-378/07)
Language of the case: English
Parties
Applicant: CNH Global NV (Amsterdam, Netherlands) (represented by: M. Edenborough, Barrister, and R. Harrison, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The decision of the First Board of Appeal No R 1642/2006-1 be annulled in its entirety; and
the Office pays to the applicant/appellant the costs incurred by the applicant/appellant in connection with this appeal.
Pleas in law and main arguments
Community trade mark concerned: A figurative mark representing a tractor in red, black and grey for goods in class 12 - application No 3 944 139
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) and (3) of Council Regulation No 40/94 as the figurative mark applied for had acquired distinctive character through use.
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