Action brought on 28 April 2006 - Kapman v OHIM (representation of a saw blade in blue)

(Case T-127/06)

Language of the case: English

Parties

Applicant: Kapman A.B. (Sandviken, Sweden) (represented by: R. Almaraz Palmero, lawyer)

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

Form of order sought

Annulment of the Decision of the Second Board of Appeal at OHIM of 10 February 2006 in Case R 303/2004-2;

order the Office to refund the appeal fee to the applicant;

order the Office to pay the costs of the dispute, including those relating to the procedure before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: A figurative mark representing a saw blade in blue for goods in class 8 [saw blades (for hand-operated tools)] - application No 2 532 497

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94 as among others the combination of shape and colour causes an outstanding visual impression to the relevant public, i.e. professional handymen and not to the average consumer.

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