Source: EURLEX
Language: en
Format: md

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| 10.11.2007 | EN | Official Journal of the European Union | C 269/60 |

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Action brought on 10 September 2007 — O2 (Germany) v OHIM (Homezone)

(Case T-344/07)

(2007/C 269/108)

Language of the case: German

Parties

Applicant: O2 (Germany) GmbH & Co. OHG (Munich, Germany) (represented by A. Fottner and M. Müller, lawyers)

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 OHIM of 5 July 2007 in Case R 1583/2006-4 in so far as it rejects the application; |

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| — | Order OHIM to pay the costs of the present proceedings and those of the proceedings before OHIM. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘Homezone’ for goods and services in Classes 9, 38 and 42 (application No 4 677 506).

Decision of the Examiner: In part, rejection of the application.

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

Pleas in law: Breach of Article 7(1)(b) and (c) and of Article 7(3) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007269EN.01006001-E0001).

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