Source: EURLEX
Language: en
Format: md

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| 28.8.2004 | EN | Official Journal of the European Union | C 217/25 |

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Action brought on 7 June 2004 by Indorata-Servicos e Gestao Lda against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-204/04)

(2004/C 217/46)

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 7 June 2004 by Indorata-Servicos e Gestao Lda, represented by T Wallentin, lawyer.

The applicant claims that the Court should:

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| — | annul the contested rejection of its application for a Community trade mark and order the Office for Harmonisation in the Internal Market to register the sign ‘HAIRTRANSFER’ as a Community trade mark for the remaining goods and services which remain the subject of dispute also and to publish that registration; |

Pleas in law and main arguments:

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| Community trade mark sought: | The word mark ‘HAIRTRANSFER’ — Application No 2 619 039. |
| Goods or services: | Goods and services in Classes 8, 22, 41 and 44 (inter alia, electric and non-electric depilation appliances, artificial and real hair, provision of training, in particular arranging and conducting of further-training seminars and hygienic and beauty care, in particular hair care and treatment). |
| Decision contested before the Board of Appeal: | Refusal to register by the examiner. |
| Decision of the Board of Appeal: | Dismissal of the appeal. |
| Pleas in law: | The mark sought is distinctive within the meaning of Article 7(1)(b) of Regulation (EC) No 40/94;  The mark sought is not exclusively descriptive within the meaning of Article 7(1)(c) of Regulation (EC) No 40/94. |

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