Source: EURLEX
Language: en
Format: md

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| 24.2.2007 | EN | Official Journal of the European Union | C 42/34 |

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Action brought on 27 December 2006 — giropay v OHIM (GIROPAY)

(Case T-399/06)

(2007/C 42/60)

Language of the case: German

Parties

Applicant: Giropay GmbH (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, 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 26 October 2006 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market in appeal case R 308/2005-4 in relation to Community trade mark application No 2 843 514 ‘GIROPAY’; |

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| — | order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘GIROPAY’ for goods and services in Classes 9, 36-38 and 42 (Application No 2 843 514).

Decision of the Examiner: Partial rejection of the application.

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

Pleas in law: The mark applied for does not present any descriptive indications for the purposes of Article 7(1)(c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007042EN.01003401-E0001). In addition, the mark applied for is particularly capable of being perceived by the relevant public as a distinctive sign.

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