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24.11.2007 |
EN |
Official Journal of the European Union |
C 283/37 |
Action brought on 27 September 2007 — EOS v OHIM (PrimeCast)
(Case T-373/07)
(2007/C 283/67)
Language of the case: German
Parties
Applicant: EOS GmbH Electro Optical Systems (Krailling, Germany) (represented by M. Mentjes, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 20 July 2007 in Case R 333/2005-4, notified to the applicant by facsimile on 27 July 2007; |
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Order the defendant to pay the costs in accordance with Article 87(2) and (5) of the Rules of Procedure. |
Pleas in law and main arguments
Community trade mark concerned: the verbal mark ‘PrimeCast’ for goods and services in Classes 1, 19, 40 and 42 (Application No 2854677).
Decision of the Examiner: refusal in part of the application.
Decision of the Board of Appeal: dismissal of the appeal.
Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1).
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).