CELEX: C2004/284/44
Language: en
Date: 2004-11-20 00:00:00
Title: Case T-358/04: Action brought on 30 August 2004 by Georg Neumann GmbH, Berlin against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

20.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 284/22
            
         Action brought on 30 August 2004 by Georg Neumann GmbH, Berlin against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-358/04)
   (2004/C 284/44)
   Language of the case: German
   An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 30 August 2004 by Georg Neumann GmbH, Berlin, Berlin (Germany), represented by R. Böhm, lawyer.
   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 June 2004 in Case R 919/2002-2;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments:
   
               Community trade mark applied for:
            
            
               Three-dimensional trade mark in the form of a microphone head grill in respect of goods in Class 9 (Microphones) — Application No 493 643
            
         
               Decision contested before the Board of Appeal:
            
            
               Refusal of the application by the examiner
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal
            
         
               Pleas in law:
            
            
               
                           —
                        
                        
                           The contested decision infringes Article 7(1) of Regulation (EC) No 40/94.
                        
                     
                           —
                        
                        
                           The trade mark applied for is distinctive.