Source: EURLEX
Language: en
Format: md

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| 28.10.2006 | EN | Official Journal of the European Union | C 261/21 |

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Action brought on 29 August 2006 — REWE-Zentral v OHIM (Port Louis)

(Case T-230/06)

(2006/C 261/40)

Language of the case: German

Parties

Applicant: REWE-Zentral AG (Cologne, Germany) (represented by M. Kinkeldey and A. Lehmann, lawyers)

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

Form of order sought

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| — | annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 June 2006 — Case R 25/2006-1 — with regard to Community trade mark application no. 003 664 133 PORT LOUIS; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘Port Louis’ for goods in Classes 18, 24 and 25 (application no. 366 4133).

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)](#ntr1-C_2006261EN.01002101-E0001) as the mark for which registration is sought is capable of registration. Furthermore, the applicant submits that the right to a fair hearing has been infringed.

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