Action brought on 21 June 2006 - ColArt/Americas v OHIM (BASICS)

(Case T-164/06)

Language of the case: English

Parties

Applicant: ColArt Americas, Inc (Piscataway, USA) (represented by: E. Soler Borda, lawyer)

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

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for the Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 April 2006 concerning the Trade mark application BASICS No 002433613 (Case R 788/2005-4) in whole;

in the alternative, annul the contested decision in so far as it concerns the following products: colouring matters in the nature of acrylic paints, artists' varnishes.

Pleas in law and main arguments

Community trade mark concerned: The word mark "BASICS" for goods in class 2 - application No 2 433 613

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) and (c) and Article 7(3) of Council Regulation No 40/94 as the word "BASICS" is not a familiar expression in the English language with respect to the goods applied for and it is not of such nature as to give the consumers a clear understanding with respect to the products covered by the application. In any case, the trade mark applied for has acquired distinctiveness through use.

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