Language of document :

Judgment of the General Court of 29 September 2010 - Interflon v OHIM - Illinois Tool Works (FOODLUBE)

(Case T-200/08) 1

(Community trade mark - Invalidity proceedings - Community trade mark FOODLUBE - Absolute grounds for refusal - Descriptiveness - Distinctive character - Article 7(1)(b) and (c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and Article 52(1)(a) of Regulation (EC) No 207/2009)

Language of the case: English

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 March 2008 (Case R 638/2007-2) concerning invalidity proceedings between Interflon BV and Illinois Tool Works, Inc.

Operative part of the judgment

The Court:

Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 March 2008 (Case R 638/2007-2) in so far as it dismisses the appeal with regard to chemicals used in industry in Class 1, and industrial oils and greases and lubricants in Class 4;

Dismisses the action as to the remainder;

Orders each party to bear its own costs.

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1 - OJ C 183, 19.7.2008.