CELEX: C2007/042/60
Language: en
Date: 2007-02-24 00:00:00
Title: Case T-399/06: Action brought on 27 December 2006 — giropay v OHIM (GIROPAY)

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/34
            
         Action brought on 27 December 2006 — giropay v OHIM (GIROPAY)
   (Case T-399/06)
   (2007/C 42/60)
   Language of the case: German
   Parties
   
      Applicant: Giropay GmbH (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               annul the decision of 26 October 2006 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market in appeal case R 308/2005-4 in relation to Community trade mark application No 2 843 514 ‘GIROPAY’;
            
         
               —
            
            
               order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘GIROPAY’ for goods and services in Classes 9, 36-38 and 42 (Application No 2 843 514).
   
      Decision of the Examiner: Partial rejection of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: The mark applied for does not present any descriptive indications for the purposes of Article 7(1)(c) of Regulation (EC) No 40/94 (1). In addition, the mark applied for is particularly capable of being perceived by the relevant public as a distinctive sign.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).