ECLI:EU:T:2008:496

Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008 – Duro Sweden v OHIM (EASYCOVER) (Case T-346/07) Community trade mark – Application for the Community word mark EASYCOVER – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 – Article 73 of Regulation No 40/94 1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 54-55, 63, 67-68) 2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 75-76) 3.                     Community trade mark – Decisions of the Office – Observance of the rights of the defence (Council Regulation No 40/94, Art. 73) (see paras 79-80) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 July 2007 (Case R 1065/2005-4) relating to an application for registration of the word mark EASYCOVER as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Duro Sweden AB Community trade mark sought: Word mark EASYCOVER for goods in Classes 19, 24 and 27 – Application No 4114567 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 July 2007 (Case R 1065/2005 4) as regards goods in the category ‘monuments, not of metal’; 2. Dismisses the action as to the remainder; 3. Orders Duro Sweden AB to bear its own costs and to pay three quarters of OHIM’s costs. OHIM is ordered to pay one quarter of its own costs.