Action brought on 23 April 2007 - Suez v OHIM (Delivering the essentials of life)

(Case T-128/07)

Language in which the application was lodged: French

Parties

Applicant: Suez SA (Paris, France) (represented by: P. Combeau, lawyer)

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

Form of order sought

Annulment of the contested decision;

OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'Delivering the essentials of life' for goods and services in Classes 1, 9, 11, 16, 35, 36, 37, 38, 39, 40, 41 and 42 (Application No 4 102 497)

Decision of the examiner: Refusal to register

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94¹, in that, contrary to the finding of the Board of Appeal of OHIM in the contested decision, the mark for which registration is sought has no strictly laudatory connotation and does not describe a characteristic or quality of the goods or services which it serves to designate.

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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)