Action brought on 25 May 2007 - Eurocopter v OHIM (STEADYCONTROL)

(Case T-181/07)

Language of the case: French

Parties

Applicant: Eurocopter (Marignane, France) (represented by E. Soler Borda, lawyer)

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

Form of order sought

annulment of the decision of the Fourth Board of Appeal of OHIM of 12 March 2007 concerning the application for a Community trade mark STEADYCONTROL No 3 560 935 (R 8/2006-4) in its entirety.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'STEADYCONTROL' in respect of goods in Classes 9, 12 and 38 (application No 3 560 935)

Decision of the Examiner: Partial refusal of registration in respect of products in Classes 9 and 12

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) and of Article 7(2) of Council Regulation No 40/94¹ in so far as, according to the applicant and in contrast to the grounds of the contested decision, the word 'STEADYCONTROL' is not descriptive and allows the goods applied for to be distinguished.

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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)