Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 12.11.2005 | EN | Official Journal of the European Union | C 281/26 |

---

Action brought on 24 August 2005 — Coffee Store v OHIM

(Case T-323/05)

(2005/C 281/49)

Language in which the application was lodged: German

Parties

Applicant(s): The Coffee Store GmbH (Mannheim, Germany) (represented by: M. Buddeberg, lawyer)

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

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | set aside the decision of the Second Board of Appeal of OHIM of 15 June 2005, reference No R 855/2004-2; |

|  |  |
| --- | --- |
| — | order that Community trade mark application 3 346 228 THE COFFEE STORE be registered; |

|  |  |
| --- | --- |
| — | order OHIM to bear the costs of the proceedings. |

Pleas in law and main arguments

Community trade mark sought: The word mark ‘THE COFFEE STORE’ for goods and services in Classes 30, 32, 41 and 43.

Decision of the examiner: Refusal to register the goods and services in Classes 30, 32 and 43.

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

Pleas in law: The trade mark applied for cannot be considered as a sign exclusively of descriptive character within the meaning of Article 7(1)(c) of Council Regulation (EC) No 40/94. Furthermore, the trade mark applied for is not devoid of any distinctive character within the meaning of Article 7(1)(b) of Council Regulation (EC) No 40/94.

---

[Top](#document1)