CELEX: C2005/281/49
Language: en
Date: 2005-11-12 00:00:00
Title: Case T-323/05: Action brought on 24 August 2005 — Coffee Store v OHIM

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/26
            
         Action brought on 24 August 2005 — Coffee Store v OHIM
   (Case T-323/05)
   (2005/C 281/49)
   Language in which the application was lodged: German
   Parties
   
      Applicant(s): The Coffee Store GmbH (Mannheim, Germany) (represented by: M. Buddeberg, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   The applicant claims that the Court should:
   
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               set aside the decision of the Second Board of Appeal of OHIM of 15 June 2005, reference No R 855/2004-2;
            
         
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               order that Community trade mark application 3 346 228 THE COFFEE STORE be registered;
            
         
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               order OHIM to bear the costs of the proceedings.
            
         Pleas in law and main arguments
   
      Community trade mark sought: The word mark ‘THE COFFEE STORE’ for goods and services in Classes 30, 32, 41 and 43.
   
      Decision of the examiner: Refusal to register the goods and services in Classes 30, 32 and 43.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: The trade mark applied for cannot be considered as a sign exclusively of descriptive character within the meaning of Article 7(1)(c) of Council Regulation (EC) No 40/94. Furthermore, the trade mark applied for is not devoid of any distinctive character within the meaning of Article 7(1)(b) of Council Regulation (EC) No 40/94.