CELEX: C2006/261/47
Language: en
Date: 2006-10-28 00:00:00
Title: Case T-241/06: Action brought on 7 September 2006 — Reitz and von Gadomski v OHIM (CMD-CLINIC)

28.10.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/25
            
         Action brought on 7 September 2006 — Reitz and von Gadomski v OHIM (CMD-CLINIC)
   (Case T-241/06)
   (2006/C 261/47)
   Language in which the application was lodged: German
   Parties
   
      Applicants: J. Reitz (Aumühle, Germany) and B. von Gadomski (Hamburg, Germany) (represented by: U. Poser, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of 6 July 2006 (R0372/2006-4);
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘CMD-CLINIC’ in respect of goods and services in Classes 5, 10 and 44 (Application No 3 661 337).
   
      Decision of the Examiner: Partial refusal to register.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: The contested decision is unlawful inasmuch as registration was wrongly refused pursuant to Article 7(1)(c) of Regulation (EC) No 40/94 (1) on the basis that the mark applied for is descriptive and pursuant to Article 7(1)(b) thereof on the ground that it lacks distinctiveness.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).