CELEX: 62008TN0251
Language: en
Date: 2008-06-26 00:00:00
Title: Case T-251/08: Action brought on 26 June 2008 — Vion v OHIM (PASSION FOR BETTER FOOD)

30.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 223/52
            
         Action brought on 26 June 2008 — Vion v OHIM (PASSION FOR BETTER FOOD)
   (Case T-251/08)
   (2008/C 223/92)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Vion NV (Best, Netherlands) (represented by A. Klinger, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 April 2008 (Case R 562/2007-4);
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Word mark ‘PASSION FOR BETTER FOOD’ for goods in classes 5, 29 and 30 (Application for registration No 5 039 946).
   
      Decision of the Examiner: Application dismissed.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94, (1) as the trade mark applied for is sufficiently distinctive.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1993 L 11, p. 1).