CELEX: 62007TN0449
Language: en
Date: 2007-12-03 00:00:00
Title: Case T-449/07: Action brought on 3 December 2007 — Rotter v OHIM (EU-BRUZZEL)

9.2.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/31
            
         Action brought on 3 December 2007 — Rotter v OHIM (EU-BRUZZEL)
   (Case T-449/07)
   (2008/C 37/49)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Thomas Rotter (Munich, Germany) (represented by M. Müller, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               To annul the decision of the Fourth Board of Appeal of OHIM of 27 September 2007 in Case R 1415/2006-4;
            
         
               —
            
            
               To order OHIM to pay the costs of the proceedings including those incurred during the appeal proceedings.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: the three-dimensional mark ‘EU-BRUZZEL’ for goods and services in Classes 29, 30 and 43 (application No 4 346 185).
   
      Decision of the Examiner: rejection in part of the application.
   
      Decision of the Board of Appeal: dismissal of the appeal.
   
      Pleas in law: infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1), since the mark applied for is distinctive in relation to the contested charcuterie goods.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).