Action brought on 7 December 2007 - Ecolean Research & Development v OHIM

(Case T-452/07)

Language in which the application was lodged: Swedish

Parties

Applicant: Ecolean Research & Development A/S (Copenhagen, Denmark) (represented by L.-E. Ström, lawyer)

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

Form of order sought

Referral back to the Board of Appeal for a fresh examination.

Pleas in law and main arguments

Community trade mark concerned: Word mark CAPS for goods in Classes 7, 16 and 17 - application No 4 957 131

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The Board of Appeal infringed essential procedural requirements and Council Regulation No 40/94, in part by failing to declare that the appeal should have been translated into the applicant's first language, Swedish, and in part by upholding the appeal and continuing to correspond in English. The Board of Appeal thus failed to comply with the principles of the protection of legitimate expectations and of the right to equal treatment.

____________