CELEX: C2007/183/73
Language: en
Date: 2007-08-04 00:00:00
Title: Case T-209/07: Action brought on 12 June 2007 — Gaedertz v OHIM — Living Byte Software (GlobalRemote)

4.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/38
            
         Action brought on 12 June 2007 — Gaedertz v OHIM — Living Byte Software (GlobalRemote)
   (Case T-209/07)
   (2007/C 183/73)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Johann-Christoph Gaedertz (Frankfurt am Main, Germany) (represented by: E. M. Gerstenberg, Rechtsanwalt)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Living Byte Software GmbH
   Form of order sought
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 25 April 2007 in Case R 272/2005-4;
            
         
               —
            
            
               Declare Community trade mark No 1 466 499 ‘GlobalRemote’ invalid;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘GlobalRemote’ for goods and services in Classes 9, 38 and 42 (Community trade mark No 1 466 499).
   
      Proprietor of the Community trade mark: Living Byte Software GmbH.
   
      Applicant for the declaration of invalidity: The applicant.
   
      Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: In particular, infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1) since the Community trade mark in respect of which a declaration of invalidity has been sought is devoid of the necessary distinctive character and is of a purely descriptive nature.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).