|
12.8.2006 |
EN |
Official Journal of the European Union |
C 190/27 |
Action brought on 21 June 2006 — ColArt/Americas v OHIM (BASICS)
(Case T-164/06)
(2006/C 190/49)
Language of the case: English
Parties
Applicant: ColArt Americas, Inc (Piscataway, USA) (represented by: E. Soler Borda, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
|
— |
Annul the decision of the Fourth Board of Appeal of the Office for the Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 April 2006 concerning the Trade mark application BASICS No 002433613 (Case R 788/2005-4) in whole; |
|
— |
in the alternative, annul the contested decision in so far as it concerns the following products: colouring matters in the nature of acrylic paints, artists' varnishes. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘BASICS’ for goods in class 2 — application No 2 433 613
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(1)(b) and (c) and Article 7(3) of Council Regulation No 40/94 as the word ‘BASICS’ is not a familiar expression in the English language with respect to the goods applied for and it is not of such nature as to give the consumers a clear understanding with respect to the products covered by the application. In any case, the trade mark applied for has acquired distinctiveness through use.