CELEX: C2006/060/80
Language: en
Date: 2006-03-11 00:00:00
Title: Case T-441/05: Action brought on  16 December 2005  — IVG Immobilien AG v OHIM

11.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 60/41
            
         Action brought on 16 December 2005 — IVG Immobilien AG v OHIM
   (Case T-441/05)
   (2006/C 60/80)
   Language in which the application was lodged: German
   Parties
   
      Applicant: IVG Immobilien AG (Bonn, Germany) (represented by A. Okonek and U. Karpenstein, lawyers)
   
      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 Fourth Board of Appeal of OHIM of 1 September 2005 in Case R 559/2004-4 concerning Community trade mark application No 2 927 788 and order the defendant to register the ‘I’ mark for all goods and services applied for;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The figurative ‘I’ mark for services in Classes 35, 36, 37, 39, 42 and 43 — Application No 2 927 788
   
      Decision of the Examiner: Dismissal of the application for all services applied for
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94, on the ground that the Board of Appeal overestimated the requirements for the distinctive character of letters. In addition it is incorrect that the stylised graphic representation of the large 'I' in Königsblau is without evocative force for the relevant public.