Action brought on 13 October 2008 - Zeta Europe v OHIM (Superleggera)

(Case T-464/08)

Language in which the application was lodged: Italian

Parties

Applicant: Zeta Europe BV (Het Ambacht, Netherlands) (represented by V. Bilardo, C. Bacchini and M. Mazzitelli, lawyers)

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 OHIM of 17 July 2008 in Case R 666/2008-1 concerning the applicant;

order OHIM to pay the costs

Pleas in law and main arguments

Community trade mark concerned: Figurative mark 'Superleggera' (Community trade mark application No 5.456.207) for goods in Classes 12, 18 and 25.

Decision of the Examiner: Refusal of the application for registration, having noted that the mark in question consists of the adjective 'superleggera' and that that will therefore be understood as a descriptive indication of the weight of goods.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Articles 7(1)(b), 73 and 74 of Regulation (EC) No 40/94 on the Community trade mark.

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