Source: EURLEX
Language: en
Format: md

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| 4.8.2007 | EN | Official Journal of the European Union | C 183/34 |

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Action brought on 4 June 2007 — Frosch Touristik v OHIM — DSR touristik (FLUGBÖRSE)

(Case T-189/07)

(2007/C 183/66)

Language in which the application was lodged: German

Parties

Applicant: Frosch Touristik GmbH (Munich, Germany) (represented by: H. Lauf, Rechtsanwalt)

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

Other party to the proceedings before the Board of Appeal of OHIM: DSR touristik GmbH

Form of order sought

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| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 March 2007 — Case R 1084/2004-4 — in its entirety and refer the case back to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) for a fresh decision; |

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

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘FLUGBÖRSE’ for goods and services in Classes 16, 39 and 42 (Community trade mark No 81 406).

Proprietor of the Community trade mark: The applicant.

Applicant for the declaration of invalidity: DSR touristik GmbH.

Decision of the Cancellation Division: Partial declaration of invalidity of the trade mark concerned.

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

Pleas in law: Incorrect application of Article 51(1)(a), of Article 7(1)(c) and of Article 51(2) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007183EN.01003401-E0001).

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