Action brought on 28 January 2008 - Furukawa Electric North America v OHIM (SLIM LINE)

(Case T-36/08)

Language in which the application was lodged: German

Parties

Applicant: Furukawa Electric North America, Inc. (Norcross, United States of America) (represented by O. Rauscher, lawyer)

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

Form of order sought

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 November 2007 in case number R 1532/2007-2;

order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'SLIM LINE' for goods in Class 9 (Application No 5 907 266)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Misapplication of Article 7(1)(b) and (c) of Regulation (EC) No 40/94, ¹ as the name 'SLIM LINE' is neither a descriptive indication nor is it devoid of any distinctive character.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)