Source: EURLEX
Language: en
Format: md

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| 27.9.2008 | EN | Official Journal of the European Union | C 247/18 |

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Action brought on 29 July 2008 — Deutsche BKK v OHIM

(Case T-289/08)

(2008/C 247/36)

Language in which the application was lodged: German

Parties

Applicant: Deutsche BKK (Wolfsburg, Germany) (represented by H.P. Schrammek, C. Drzymalla and S. Risthaus, acting as Agents)

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 29 May 2008 in Case R 318/2008-4, notified on 2 June 2008; |

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

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘Deutsche BKK’ for services in Classes 36, 41 and 44 (application No 4 724 894).

Decision of the Examiner: Refusal of the application.

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

Pleas in law:

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| — | Infringement of Article 73 of Regulation (EC) No 40/94[(1)](#ntr1-C_2008247EN.01001802-E0001) due to the rejection of documents without the possibility for prior comments; |

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| — | Infringement of the first sentence of Article 4(1) of Regulation No 40/94 due to the Office's improper investigation of the facts; |

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| — | Infringement of Article 7(1)(b) and (c) of Regulation No 40/94 due to denial of protection for the mark ‘Deutsche BKK’ because of absolute grounds for refusal of protection for the mark; |

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| — | Infringement of Article 7(3) of Regulation No 40/94 due to refusal to recognise distinctive character in consequence of use. |

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