Source: EURLEX
Language: en
Format: md

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| 26.4.2008 | EN | Official Journal of the European Union | C 107/33 |

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Action brought on 13 February 2008 — JOOP! v OHIM (!)

(Case T-75/08)

(2008/C 107/55)

Language in which the application was lodged: German

Parties

Applicant: JOOP! GmbH (Hamburg, Germany) (represented by H. Schmidt-Hollburg and W. Möllering, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market of 26 November 2007 in Case R 1134/2007-1; |

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| — | Order the Office for Harmonisation in the Internal Market to pay the costs including those incurred during the appeal proceedings |

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘!’ for goods in Classes 14, 18 and 25 (application No 5 332 184)

Decision of the Examiner: Rejection 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_2008107EN.01003302-E0001), as the mark applied for has distinctive character and its availability does not have to be preserved.

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