CELEX: C2006/261/40
Language: en
Date: 2006-10-28 00:00:00
Title: Case T-230/06: Action brought on 29 August 2006 — REWE-Zentral v OHIM (Port Louis)

28.10.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/21
            
         Action brought on 29 August 2006 — REWE-Zentral v OHIM (Port Louis)
   (Case T-230/06)
   (2006/C 261/40)
   Language of the case: German
   Parties
   
      Applicant: REWE-Zentral AG (Cologne, Germany) (represented by M. Kinkeldey and A. Lehmann, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 June 2006 — Case R 25/2006-1 — with regard to Community trade mark application no. 003 664 133 PORT LOUIS;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘Port Louis’ for goods in Classes 18, 24 and 25 (application no. 366 4133).
   
      Decision of the Examiner: Rejection 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) as the mark for which registration is sought is capable of registration. Furthermore, the applicant submits that the right to a fair hearing has been infringed.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).