CELEX: 62008TN0115
Language: en
Date: 2008-03-10 00:00:00
Title: Case T-115/08: Action brought on 10 March 2008 — Gourmet Burger Kitchen v OHIM (GOURMET BURGER KITCHEN)

26.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/42
            
         Action brought on 10 March 2008 — Gourmet Burger Kitchen v OHIM (GOURMET BURGER KITCHEN)
   (Case T-115/08)
   (2008/C 107/70)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Gourmet Burger Kitchen Ltd (London, United Kingdom) (represented by C. Sawdy, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the Decision of the Second Board of Appeal of 5 December 2007 in case R 1215/2007-2; and
            
         
               —
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: A word mark consisting of the words GOURMET BURGER KITCHEN for various goods and services in classes 29, 30, 31, 32, 33 and 43 — application No 4 615 341
   
      Decision of the examiner: Partial refusal of the application for services in class 43
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 as the trade mark has acquired distinctiveness through use in the United Kingdom and Ireland.