Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 6.10.2007 | EN | Official Journal of the European Union | C 235/16 |

---

Action brought on 24 July 2007 — Tom Tailor v OHIM (Gesäßtasche rechts)

(Case T-283/07)

(2007/C 235/29)

Language of the case: German

Parties

Applicant: Tom Tailor GmbH (Hamburg, Germany) (represented by: S.O. Gillert, K. Vanden Bossche and F. Schiwek)

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

Form of order sought

|  |  |
| --- | --- |
| — | annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2007 (Case R 668/2006-1); |

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

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘Gesäßtasche rechts’ for goods in Class 25 (Application No 4 287 769).

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) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007235EN.01001601-E0001), as the figurative mark applied for is sufficiently distinctive.

---

[Top](#document1)