Source: EURLEX
Language: en
Format: md

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| 19.7.2008 | EN | Official Journal of the European Union | C 183/27 |

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Action brought on 22 May 2008 — JOOP! v OHIM

(Case T-191/08)

(2008/C 183/51)

Language in which the application was lodged: German

Parties

Applicants: JOOP! GmbH (Hamburg, Germany) (represented by: H. Schmidt-Hollburg, W. Möllering, A. Löhde, H. Leo, A. Witte, T. Frank, A. Theil, H.-P. Rühland, B. Willers and T. Rein)

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

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 6 March 2008 in Case R 1822/2007-1; |

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| — | 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: figurative mark representing an exclamation mark, for goods in Classes 14, 18 and 25 (Application No 5 332 176).

Decision of the Examiner: Rejection of the registration.

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_2008183EN.01002701-E0001), as the mark applied for has distinctive character and its availability does not have to be preserved.

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