Notice for the OJ

 

Action brought on 1 September 2005 S IKEA / OHIM

(Case T-331/05)

Language of the case: English

Parties

Applicant(s): Inter IKEA Systems B.V. (Delft, The Netherlands) [represented by: J. Gulliksson, J. Olsson, 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 July 1, 2005 in case R 799/2004-1, and

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: A figurative mark consisting of the colour combination blue and yellow for goods and services in classes 20 and 35 (furniture, advertising etc.) - application No 3 160 363

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

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and Article 7(3) of Council Regulation No 40/94 as the trade mark is sufficiently distinctive per se to be registrable and further has acquired distinctiveness through use in Germany, the Netherlands and Sweden.

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