CELEX: 62008TN0025
Language: en
Date: 2008-01-11 00:00:00
Title: Case T-25/08: Action brought on 11 January 2008 — Katjes Fassin v OHIM (Yoghurt-Gums)

8.3.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 64/62
            
         Action brought on 11 January 2008 — Katjes Fassin v OHIM (Yoghurt-Gums)
   (Case T-25/08)
   (2008/C 64/101)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Katjes Fassin GmbH & Co. KG (Emmerich, Germany) (represented by R. Uecker, 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 25 October 2007 (Case R 1322/2006-4);
            
         
               —
            
            
               Order the defendant to pay the costs of the action, including those incurred during the appeal proceedings.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The figurative mark ‘Yoghurt-Gums’ for goods in Classes 29, 30 and 32 (Application No 4 929 808).
   
      Decision of the Examiner: Partial refusal to register.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1) in relation to the goods in Class 30 which are still at issue in the proceedings.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).