CELEX: C2005/330/48
Language: en
Date: 2005-12-24 00:00:00
Title: Case T-379/03: Judgment of the Court of First Instance of  25 October 2005  — Peek & Cloppenburg KG v OHIM (Community trade mark — Word mark Cloppenburg — Absolute grounds for refusal to register — Descriptive character — Geographical origin — Article 7(1)(c) of Regulation (EC) No 40/94)

24.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 330/19
            
         Judgment of the Court of First Instance of 25 October 2005 — Peek & Cloppenburg KG v OHIM
   (Case T-379/03) (1)
   
   (Community trade mark - Word mark Cloppenburg - Absolute grounds for refusal to register - Descriptive character - Geographical origin - Article 7(1)(c) of Regulation (EC) No 40/94)
   (2005/C 330/48)
   Language of the case: German
   Parties
   
      Applicant(s): Peek & Cloppenburg KG (Düsseldorf, Germany) (represented originally by U. Hildebrandt, subsequently by P. Lange, P. Wilbert and A. Auler and, subsequently by P. Lange, P. Wilbert, A. Auler and J. Steinberg, lawyers)
   
      Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented originally by D. Schennen and G. Schneider, and subsequently by A. von Mühlendahl, D. Schennen and G. Schneider, Agents)
   Application for
   Annulment of the decision of the Fourth Board of Appeal of the OHIM of 27 August 2003 (R 105/2002-4), concerning the application for registration of the word sign Cloppenburg as a Community trade mark
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 August 2003 (R 105/2002-4);
            
         
               2)
            
            
               Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
            
         
      (1)  OJ C 35, 7.2.2004.