CELEX: C2006/086/67
Language: en
Date: 2006-04-08 00:00:00
Title: Case T-28/06: Action brought on  24 January 2006  — RheinfelsQuellen H. Hövelmann v OHIM

8.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 86/33
            
         Action brought on 24 January 2006 — RheinfelsQuellen H. Hövelmann v OHIM
   (Case T-28/06)
   (2006/C 86/67)
   Language in which the application was lodged: German
   Parties
   
      Applicant: RheinfelsQuellen H. Hövelmann GmbH & Co. KG (Duisburg, Germany) (represented by W. Kellenter and A. Lambrecht, Rechtsanwälte)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 November 2005 in Appeal No R 1179/2004-2;
            
         
               —
            
            
               order the defendant to pay the costs incurred by the applicant.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: the word mark ‘VOM URSPRUNG HER VOLLKOMMEN’ for goods in Classes 32 and 33 — Application No 2 806 875
   Decision of the Examiner: registration rejected
   Decision of the Board of Appeal: appeal rejected
   
      Pleas in law: breach of Article 7(1)(b) and (c) of Council Regulation No 40/94, since the trade mark does not consist of exclusively descriptive elements and is also not devoid of any distinctive character.