Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 10.11.2007 | EN | Official Journal of the European Union | C 269/55 |

---

Action brought on 4 September 2007 — Mergel and Others v OHIM (Patentconsult)

(Case T-335/07)

(2007/C 269/99)

Language of the case: German

Parties

Applicants: Volker Mergel (Wiesbaden, Germany), Klaus Kampfenkel (Hofheim, Germany), Burkart Bill (Darmstadt, Germany) and Andreas Herden (Wiesbaden) (represented by G. Friderichs, lawyer)

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

Form of order sought

|  |  |
| --- | --- |
| — | Annul the Decision of the Fourth Board of Appeal of the defendant of 25 June 2007 (Case R 299/2007-4); |

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

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘Patentconsult’ for services in Classes 35, 41 and 42 (application No 4 439 774).

Decision of the Examiner: Refusal of the application.

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_2007269EN.01005502-E0001), since the trade mark applied for is not descriptive and does not lacks the necessary distinctive character.

---

[Top](#document1)