Source: EURLEX
Language: en
Format: md

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| 19.2.2005 | EN | Official Journal of the European Union | C 45/24 |

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Action brought on 5 November 2004 by Eurohypo AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-439/04)

(2005/C 45/54)

Language of the case: German

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 5 November 2004 by Eurohypo AG, Eschborn (Germany), represented by M. Kloth, Hamburg (Germany), lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

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| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 August 2004 (Case R-829/2002-4), in so far as it dismisses the appeal; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

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| Applicant for the Community trade mark | The applicant |
| The trade mark applied for: | The word mark EUROHYPO for services in Class 36 (financial affairs; monetary affairs; real estate affairs; provision of financial services; financing; financial analysis; investment affairs; insurance affairs) |
| Decision of the examiner: | Rejection of the application in respect of all services |
| Decision of the Board of Appeal: | Annulment of the contested decision with regard to the services financial analysis, investment affairs, insurance affairs in Class 36. Dismissal of the remainder of the appeal. |
| Pleas in law: | Infringement of the first sentence of Article 74(1) of Regulation (EC) No 40/94  Misinterpretation of Article 7(1)(b) |

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