Source: EURLEX
Language: en
Format: md

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| 17.6.2006 | EN | Official Journal of the European Union | C 143/33 |

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Action brought on 13 April 2006 — DeTeMedien v OHIM (suchen.de)

(Case T-117/06)

(2006/C 143/66)

Language of the case: German

Parties

Applicant: DeTeMedien, Deutsche Telekom Medien GmbH (Frankfurt, Germany) (represented by: J. Fesenmair and I. Gehring, lawyers)

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

Form of order sought

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| — | annul the decision of the First Board of Appeal of 30 January 2006 in appeal proceedings R 287/2005-1, and |

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| — | order the Office for Harmonisation to bear the applicant's refundable costs |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘suchen.de’ for goods and services in Classes 9, 16, 35, 36, 38 and 42 (Application No 3 915 329)

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 have distinctive character and is not purely descriptive; thus, no absolute grounds for refusal under Article 7(1)(b) and (c) or Article 7(2) of Regulation (EC) No 40/94[(1)](#ntr1-C_2006143EN.01003301-E0001) stand in the way of its registration.

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