Action brought on 7 May 2007 - Lange Uhren v OHIM (Figurative mark representing a watch)

(Case T-152/07)

Language of the case: German

Parties

Applicant: Lange Uhren GmbH (Glashütte, Germany) (represented by M. Schaeffer, Rechtsanwalt)

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

Form of order sought

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 15 February 2007 in Case R 1176/2005-1;

declare that the provisions of Article 7(1)(b) of Regulation (EC) No 40/94 ¹ do not preclude publication of the Community trade mark applied for under No 2542694 for goods in class 14 ('luxury watches and chronometric instruments; watchfaces for luxury watches');

in the alternative, declare that the Community trade mark applied for under No 2542694 has become distinctive in respect of the goods applied for in class 14 as a result of the use which has been made of it, in accordance with Article 7(3) of Regulation No 40/94;

order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: A figurative mark representing a watch for goods in class 14 (registration No 2542694).

Decision of the Examiner: Application refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law:

Infringement of Article 7(1)(b) of Regulation No 40/94, as the mark applied for does not lack the requisite distinctive character;

Infringement of Article 7(3) of Regulation No 40/94, as, due to an error in law, the mark applied for has been held not to have become distinctive as a result of the use which has been made of it.

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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).