CELEX: C2006/261/54
Language: en
Date: 2006-10-28 00:00:00
Title: Case T-254/06: Action brought on 15 September 2006 — Radio Regenbogen Hörfunk in Baden v OHIM (RadioCom)

28.10.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/28
            
         Action brought on 15 September 2006 — Radio Regenbogen Hörfunk in Baden v OHIM (RadioCom)
   (Case T-254/06)
   (2006/C 261/54)
   Language of the case: German
   Parties
   
      Applicant: Radio Regenbogen Hörfunk in Baden GmbH & Co. KG (Mannheim, Germany) (represented by W.W. Göpfert, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
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               annul the decision of the First Board of Appeal of 7 July 2006, which was notified to the applicant on 17 July 2006;
            
         
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               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘RadioCom’ for services in Classes 35, 38 and 41 — application no. 3 986 023.
   
      Decision of the Examiner: Rejection of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: The mark for which registration is sought is capable of being registered and the grounds for refusal in Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 40/94 (1) which the defendant put forward do not preclude registration.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).