9.2.2008   

EN

Official Journal of the European Union

C 37/25


Action brought on 29 November 2007 — New Look v OHIM (NEW LOOK)

(Case T-435/07)

(2008/C 37/40)

Language of the case: English

Parties

Applicant: New Look Ltd (Weymouth, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Blair and K. Gilbert, Solicitors)

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

Form of order sought

The decision of the Second Board of Appeal dated 3 September 2007 in Case R 670/2007-2 shall be annulled.

The Office shall bear its own costs and pay those of the applicant.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘NEW LOOK’ for goods and services in classes 3, 9, 14, 16, 18, 25, 26 and 35 — application No 2 932 606

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(3) of Council Regulation No 40/94, as the Board of Appeal i) erred in requiring the applicant to demonstrate acquired distinctive character in a Member State other than the United Kingdom and Ireland; ii) erred in holding that the applicant's evidence of use of ‘NEW LOOK’ in stylised form or together with a distinctive device was incapable of imbuing the mark with distinctive character; and iii) failed to place sufficient overall weight on the applicant's evidence of use in the United Kingdom and Ireland.