Source: EURLEX
Language: en
Format: md

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| 8.4.2006 | EN | Official Journal of the European Union | C 86/33 |

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Action brought on 24 January 2006 — RheinfelsQuellen H. Hövelmann v OHIM

(Case T-28/06)

(2006/C 86/67)

Language in which the application was lodged: German

Parties

Applicant: RheinfelsQuellen H. Hövelmann GmbH & Co. KG (Duisburg, Germany) (represented by W. Kellenter and A. Lambrecht, Rechtsanwälte)

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 Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 November 2005 in Appeal No R 1179/2004-2; |

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| — | order the defendant to pay the costs incurred by the applicant. |

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘VOM URSPRUNG HER VOLLKOMMEN’ for goods in Classes 32 and 33 — Application No 2 806 875

Decision of the Examiner: registration rejected

Decision of the Board of Appeal: appeal rejected

Pleas in law: breach of Article 7(1)(b) and (c) of Council Regulation No 40/94, since the trade mark does not consist of exclusively descriptive elements and is also not devoid of any distinctive character.

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