CELEX: 62008TN0191
Language: en
Date: 2008-05-22 00:00:00
Title: Case T-191/08: Action brought on 22 May 2008 — JOOP! v OHIM

19.7.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/27
            
         Action brought on 22 May 2008 — JOOP! v OHIM
   (Case T-191/08)
   (2008/C 183/51)
   Language in which the application was lodged: German
   Parties
   
      Applicants: JOOP! GmbH (Hamburg, Germany) (represented by: H. Schmidt-Hollburg, W. Möllering, A. Löhde, H. Leo, A. Witte, T. Frank, A. Theil, H.-P. Rühland, B. Willers and T. Rein)
   
      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 6 March 2008 in Case R 1822/2007-1;
            
         
               —
            
            
               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: figurative mark representing an exclamation mark, for goods in Classes 14, 18 and 25 (Application No 5 332 176).
   
      Decision of the Examiner: Rejection of the registration.
   
      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 L 11, 14.1.1994, p. 1).