Judgment — ECLI:EU:T:2009:374
Date: 2009-09-30
Language of the case: German
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 13 February 2008 - JOOP! v OHIM (!) (Case T-75/08) Language in which the application was lodged: German Parties Applicant: JOOP! GmbH (Hamburg, Germany) (represented by H. Schmidt-Hollburg and W. Möllering, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 26 November 2007 in Case R 1134/2007-1; Order the Office for Harmonisation in the Internal Market to pay the costs including those incurred during the appeal proceedings Pleas in law and main arguments Community trade mark concerned: The figurative mark '!' for goods in Classes 14, 18 and 25 (application No 5 332 184) Decision of the Examiner: Rejection of the application Decision of the Board of Appeal: Dismissal of the appeal Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94, 1 as the mark applied for has distinctive character and its availability does not have to be preserved. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).