Action brought on 20 June 2006 - Adobe v OHIM (FLEX)

(Case T-158/06)

Language of the case: English

Parties

Applicant: Adobe Systems Inc. (San Jose, USA) (represented by: M. Graf, lawyer)

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

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 11 April 2006 in Case R 1430/2005-2 Adobe Systems Incorporated v OHIM (Flex) insofar as it dismissed the appeal for other goods than "computer hardware; computer peripherals and data processing equipment" in class 9 and the services applied for of class 42.

Order the Office to bear its own costs and to pay those of the applicant.

Pleas in law and main arguments

Community trade mark concerned: The word mark "FLEX" for goods and services in classes 9, 38 and 42 - application No 3 795 011

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Partial dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 and failure to take prior national registrations into account.

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