CELEX: C2007/211/71
Language: en
Date: 2007-09-08 00:00:00
Title: Case T-226/07: Action brought on 20 June 2007 — Prana Haus v OHIM (PRANAHAUS)

8.9.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/37
            
         Action brought on 20 June 2007 — Prana Haus v OHIM (PRANAHAUS)
   (Case T-226/07)
   (2007/C 211/71)
   Language of the case: German
   Parties
   
      Applicant: Prana Haus (Freiburg, Germany) (represented by N. Hebeis, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
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               annul the Decision of the First Board of Appeal of 18 April 2007 in Case R 1611/2006-1;
            
         
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               order the Office for Harmonisation in the Internal Market to enter trade mark application No 4 839 916 ‘PRANAHAUS’ in the Register of Community trade marks and
            
         
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               order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘PRANAHAUS’ for goods and services in classes 9, 16 and 35 (application No 4 839 916)
   
      Decision of the Examiner: Refusal 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), since there is no absolute ground for refusal of registration of the trade mark applied for.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).