Case T-504/08: Action brought on 21 November 2008 — Mologen v OHIM (dSLIM)
Date: 2008-11-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

21.2.2009

EN

Official Journal of the European Union

C 44/49

— In the alternative, annul the contested decision of OHIM of
3 September 2008 and refer the trade mark application
No 003 317 591 in respect of a reduced list of goods back
to OHIM to allow for the registration process to continue,
and order OHIM to bear all the costs associated with the
case, in particular including those incurred before the Board
of Appeal.

Pleas in law and main arguments

Community trade mark concerned:
the three-dimensional mark
‘BECHER RUND’ in respect of goods in Classes 16, 17 and 20
(Application No 3 317 591).

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) of Regulation (EC)
No 40/94 (1) in that the trade mark applied for has the neces-
sary minimum distinctive character.

(1) Council Regulation (EC) No 40/1994 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation
(EC) No 40/94 (1), in that the sign neither lacks distinctive char-
acter nor involves a descriptive indication.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 25 November 2008 — Nadine
Trautwein Rolf Trautwein v OHIM (Hunter)

(Case T-505/08)

(2009/C 44/87)

Language of the case: German

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and
Development
by
C. Czychowski, lawyer)

(Leopoldshöhe, Germany)

(represented

Action brought on 21 November 2008 — Mologen v
OHIM (dSLIM)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(Case T-504/08)

(2009/C 44/86)

Language of the case: German

Parties

Applicant: Mologen AG (Berlin, Germany)
C. Klages, lawyer)

(represented by

Form of order sought

— annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 17 September 2008 in Case R 1733/2007-1, as
well as the decision of the examiner of 17 October 2007
and admit Community trade mark application No 4829347
for publication; and

— order the defendant to pay the costs.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Pleas in law and main arguments

Form of order sought

— annul the decision of the Fourth Board of Appeal of the
Internal Market of

Office
for Harmonisation in the
17 September 2008 in Case R 1077/2007-4;

— order the Office for Harmonisation in the Internal Market to

pay the costs.

Pleas in law and main arguments

Community trade mark concerned:
for
goods and services in classes 1, 5, 10, 42 and 44 (Application
No 5 355 136).

the word mark ‘dSLIM’

Decision of the Examiner: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Community trade mark concerned:
goods in classes 18 and 25 (Application No 4 829 347)

the word mark ‘Hunter’

for

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), in that the trade mark neither can be denied
the necessary distinctive character nor involves a descriptive
indication.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).