Action brought on 2 March 2007 - Ford Motor v OHIM (FUN)

(Case T-67/07)

Language of the case: German

Parties

Applicant(s): Ford Motor Company (Dearborn, Michigan, USA) (represented by R. Ingerl, lawyer)

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

Form of order sought

set aside the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2006 (Case R 1135/2006-2)

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'FUN' for goods and services in Class 12 (Application No 4 509 808).

Decision of the Examiner: Refusal of the application.

Decision of the Board of Appeal: Dismissal of the appeal and refusal of the application.

Pleas in law:

infringement of Article 7(1)(c) of Regulation (EC) No 40/94 ¹ by reason of the incorrect application of the absolute ground for refusal regarding the indication of the characteristics of the goods to words forming part of the general vocabulary which are not directly descriptive,

infringement of Article 7(1)(b) of Regulation No 40/94 by accepting that the mark was devoid of any descriptive character by reason only of the improper application of Article 7(1)(c) of Regulation No 40/94, and

infringement of Article 7(1)(b) of Regulation No 40/94 on the ground that the mark applied for was sufficiently distinctive.

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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).