CELEX: 62008TN0075
Language: en
Date: 2006-02-13 00:00:00
Title: Case T-75/08: Action brought on 13 February 2008 — JOOP! v OHIM (!)

26.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/33
            
         Action brought on 13 February 2008 — JOOP! v OHIM (!)
   (Case T-75/08)
   (2008/C 107/55)
   Language in which the application was lodged: German
   Parties
   
      Applicant: JOOP! GmbH (Hamburg, Germany) (represented by H. Schmidt-Hollburg and W. Möllering, lawyers)
   
      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 of 26 November 2007 in Case R 1134/2007-1;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market to pay the costs including those incurred during the appeal proceedings
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The figurative mark ‘!’ for goods in Classes 14, 18 and 25 (application No 5 332 184)
   
      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) and (c) of Regulation (EC) No 40/94 (1), as the mark applied for has distinctive character and its availability does not have to be preserved.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).