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12.8.2006 |
EN |
Official Journal of the European Union |
C 190/25 |
Action brought on 20 June 2006 — Adobe v OHIM (FLEX)
(Case T-158/06)
(2006/C 190/45)
Language of the case: English
Parties
Applicant: Adobe Systems Inc. (San Jose, USA) (represented by: M. Graf, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 April 2006 in Case R 1430/2005-2 Adobe Systems Incorporated v OHIM (Flex) insofar as it dismissed the appeal for other goods than ‘computer hardware; computer peripherals and data processing equipment’ in class 9 and the services applied for of class 42. |
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Order the Office to bear its own costs and to pay those of the applicant. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘FLEX’ for goods and services in classes 9, 38 and 42 — application No 3 795 011
Decision of the examiner: Refusal of the application
Decision of the Board of Appeal: Partial dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 and failure to take prior national registrations into account.