Judgment — ECLI:EU:T:2008:265
Date: 2008-07-09
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded
Origin: Germany

Notice for the OJ Action brought on 24 August 2005 - Coffee Store v OHIM (Case T-323/05) Language in which the application was lodged: German Parties Applicant(s): The Coffee Store GmbH (Mannheim, Germany) (represented by: M. Buddeberg, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought The applicant claims that the Court should: set aside the decision of the Second Board of Appeal of OHIM of 15 June 2005, reference No R 855/2004-2; - order that Community trade mark application 3 346 228 THE COFFEE STORE be registered; - order OHIM to bear the costs of the proceedings. Pleas in law and main arguments Community trade mark sought: The word mark 'THE COFFEE STORE' for goods and services in Classes 30, 32, 41 and 43. Decision of the examiner: Refusal to register the goods and services in Classes 30, 32 and 43. Decision of the Board of Appeal: Dismissal of the appeal. Pleas in law: The trade mark applied for cannot be considered as a sign exclusively of descriptive character within the meaning of Article 7(1)(c) of Council Regulation (EC) No 40/94. Furthermore, the trade mark applied for is not devoid of any distinctive character within the meaning of Article 7(1)(b) of Council Regulation (EC) No 40/94. ____________