Notice for the OJ

 

Action brought on 9 September 2005 S MacLean-Fogg / OHIM

(Case T-339/05)

Language of the case: English

Parties

Applicant(s): MacLean-Fogg Company (Mundelein, USA) [represented by: H. Eichmann, G. Barth, U. Blumenröder, C. Niklas-Falter, M. Kinkeldey, K. Brandt, A. Franke, U. Stephani, B. Allekotte, E. Bertram, K. Lochner, B. Ertle, C. Neuhierl, S. Prückner, C. Schmitt, B. Mehnert, P. Lübbe, S. Brötje, lawyers]

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

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trademarks and Designs) in the case R 1122/2004-1 of June 20, 2005;

order the costs of the proceedings to be borne by the defendant.

Pleas in law and main arguments

Community trade mark concerned: The word mark "LOKTHREAD" for goods in class 6 (bolts, bolts of metal, nuts, nuts of metal) - application No 3 440 666

Decision of the examiner: Refusal of the application for all goods

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 as the trade mark has to be considered as a whole and not as composed of two English words and thus possesses a minimum degree of distinctiveness.

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