Judgment — ECLI:EU:T:2008:165
Date: 2008-05-22
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

Action brought on 15 September 2006 - Radio Regenbogen Hörfunk in Baden v OHIM (RadioCom) (Case T-254/06) Language of the case: German Parties Applicant: Radio Regenbogen Hörfunk in Baden GmbH & Co. KG (Mannheim, Germany) (represented by W.W. Göpfert, lawyer) 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 7 July 2006, which was notified to the applicant on 17 July 2006; order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: The word mark 'RadioCom' for services in Classes 35, 38 and 41 - application no. 3 986 023. Decision of the Examiner: Rejection of the application. Decision of the Board of Appeal: Dismissal of the appeal. Pleas in law: The mark for which registration is sought is capable of being registered and the grounds for refusal in Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 40/941 which the defendant put forward do not preclude registration. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).