Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 4.8.2007 | EN | Official Journal of the European Union | C 183/38 |

---

Action brought on 12 June 2007 — Gaedertz v OHIM — Living Byte Software (GlobalRemote)

(Case T-209/07)

(2007/C 183/73)

Language in which the application was lodged: German

Parties

Applicant: Johann-Christoph Gaedertz (Frankfurt am Main, Germany) (represented by: E. M. Gerstenberg, 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: Living Byte Software GmbH

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 25 April 2007 in Case R 272/2005-4; |

|  |  |
| --- | --- |
| — | Declare Community trade mark No 1 466 499 ‘GlobalRemote’ invalid; |

|  |  |
| --- | --- |
| — | 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 figurative mark ‘GlobalRemote’ for goods and services in Classes 9, 38 and 42 (Community trade mark No 1 466 499).

Proprietor of the Community trade mark: Living Byte Software GmbH.

Applicant for the declaration of invalidity: The applicant.

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity.

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

Pleas in law: In particular, infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007183EN.01003801-E0001) since the Community trade mark in respect of which a declaration of invalidity has been sought is devoid of the necessary distinctive character and is of a purely descriptive nature.

---

[Top](#document1)