Source: EURLEX
Language: en
Format: md

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| 30.8.2008 | EN | Official Journal of the European Union | C 223/52 |

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Action brought on 26 June 2008 — Vion v OHIM (PASSION FOR BETTER FOOD)

(Case T-251/08)

(2008/C 223/92)

Language in which the application was lodged: German

Parties

Applicant: Vion NV (Best, Netherlands) (represented by A. Klinger, lawyer)

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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 April 2008 (Case R 562/2007-4); |

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

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘PASSION FOR BETTER FOOD’ for goods in classes 5, 29 and 30 (Application for registration No 5 039 946).

Decision of the Examiner: Application dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94,[(1)](#ntr1-C_2008223EN.01005202-E0001) as the trade mark applied for is sufficiently distinctive.

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