|
6.10.2007 |
EN |
Official Journal of the European Union |
C 235/21 |
Action brought on 1 August 2007 — TridonicAtco v OHIM (Intelligent Voltage Guard)
(Case T-297/07)
(2007/C 235/38)
Language of the case: German
Parties
Applicant: TridonicAtco GmbH & Co KG (Dornbirn, Austria) (represented by L. Wiltschek, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
|
— |
Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 May 2007 (Case R 108/2007-2) to the effect that the international word and figurative mark No 874 778 ‘Intelligent Voltage Guard’ is registered for protection in the European Community; |
|
— |
in the alternative, annul the contested decision and refer the case back to OHIM; |
|
— |
order OHIM to pay the costs of the appeal proceedings and the proceedings before the Court of First Instance. |
Pleas in law and main arguments
Community trade mark concerned: The figurative mark ‘Intelligent Voltage Guard’ for goods in Classes 9 and 11 (international registration No W 874 778)
Decision of the Examiner: Rejection of the registration
Decision of the Board of Appeal: Rejection of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1), on the basis that the trade mark ‘Intelligent Voltage Guard’ has a distinctive character.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1).