# C_2005171EN.01002601.xml

| 9.7.2005 | EN | Official Journal of the European Union | C 171/26 |
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9.7.2005

EN

Official Journal of the European Union

C 171/26

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Action brought on 22 April 2005 by unipor-Ziegel Marketing GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-159/05)

(2005/C 171/43)

Language of the application: German

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 22 April 2005 by unipor-Ziegel Marketing GmbH, Munich (Germany), represented by A. Beschorner and B. Glaser, lawyers.

The other party before the Board of Appeal was Ewald Dörken AG, Herdecke (Germany).

The applicant claims that the Court should:

| — | set aside the decision of 18 February 2005 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market — R 491/04-2-DELTA; |
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set aside the decision of 18 February 2005 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market — R 491/04-2-DELTA;

| — | order the Office for Harmonisation to pay the costs. |
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order the Office for Harmonisation to pay the costs.

Pleas in law and main arguments

| Registered Community trade mark in respect of which a declaration of invalidity is sought: | The word mark ‘DELTA’ for goods in Classes 6 and 19 (Community trade mark No 683458). |
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| Proprietor of the Community trade mark: | Ewald Dörken AG. |
| Applicant for a declaration of invalidity of the Community trade mark: | The applicant. |
| Decision of the Cancellation Division: | Rejection of the application for a declaration of invalidity. |
| Decision of the Board of Appeal: | Dismissal of the appeal. |
| Pleas in law: | — | The contested decision infringes Article 7(1)(a) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, since the registered trade mark lacks the properties required of a Community trade mark; |

Registered Community trade mark in respect of which a declaration of invalidity is sought:

The word mark ‘DELTA’ for goods in Classes 6 and 19 (Community trade mark No 683458).

Proprietor of the Community trade mark:

Ewald Dörken AG.

Applicant for a declaration of invalidity of the Community trade mark:

The applicant.

Decision of the Cancellation Division:

Rejection of the application for a declaration of invalidity.

Decision of the Board of Appeal:

Dismissal of the appeal.

Pleas in law:

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The contested decision infringes Article 7(1)(a) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, since the registered trade mark lacks the properties required of a Community trade mark;

| — | The contested decision infringes Article 7(1)(b) of Regulation (EC) No 40/94, since the registered trade mark is devoid of any distinctive character; |
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The contested decision infringes Article 7(1)(b) of Regulation (EC) No 40/94, since the registered trade mark is devoid of any distinctive character;

| — | The contested decision infringes Article 7(1)(c) of Council Regulation (EC) No 40/94, since the registered trade mark needs to be kept free for trade and its registration constitutes an impermissible monopolisation. |
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The contested decision infringes Article 7(1)(c) of Council Regulation (EC) No 40/94, since the registered trade mark needs to be kept free for trade and its registration constitutes an impermissible monopolisation.

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