Action brought on 22 May 2008 - Interflon v OHIM - Illinois Tool Works (FOODLUBE)

(Case T-200/08)

Language in which the application was lodged: English

Parties

Applicant: Interflon BV (Roosendaal, Netherlands) (represented by: S. M. Wertwijn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Illinois Tool Works Inc. (Glenview, United States)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 March 2008 in case R 638/2007-2; and

grant applicant's request for the cancellation of the Community trade mark concerned.

Pleas in law and main arguments

Community trade mark concerned: The word mark "FOODLUBE" for goods in classes 1 and 4 - registration No 1 647 734

Decision of the Cancellation Division: Refusal of the request for the declaration of invalidity

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of article 7(1)(b) of Council Regulation No 40/94 as the trade mark concerned is devoid of any distinctive character; infringement of article 7(1)(c) of Council Regulation 40/94 as the trade mark concerned is not capable of distinguishing the indicated goods in terms of their origin.

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