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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