Source: EURLEX
Language: en
Format: md

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| 15.10.2005 | EN | Official Journal of the European Union | C 257/17 |

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Action brought on 30 August 2005 — TUI AG v OHIM

(Case T-325/05)

(2005/C 257/32)

Language in which the application was lodged: German

Parties:

Applicant(s): TUI AG (Hannover, Germany) (represented by D. von Schultz)

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

Form of order sought:

The applicant claims that the Court should:

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| — | annul the decision of the Fourth Board of Appeal of OHIM of 25 May 2005 in Case R 183/2004-4; |

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| — | require OHIM to register the trade mark ‘Fliegen zum Taxipreis’ applied for under number EU 002851681 for all services covered by the application; |

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| — | order OHIM to pay the costs of the appeal procedure and of the present case. |

Pleas in law and main arguments:

Community trade mark concerned: Word mark ‘Fliegen zum Taxipreis’ for services in Classes 36 and 39 — application No 2 851 681.

Decision of the Examiner: Rejection of the application in respect of services in Class 39.

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

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation (EC) No 40/94, as it is incorrect that the trade mark applied for has no distinctive character.

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