CELEX: C2005/045/54
Language: en
Date: 2005-02-19 00:00:00
Title: Case T-439/04: Action brought on 5 November 2004 by Eurohypo AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

19.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/24
            
         Action brought on 5 November 2004 by Eurohypo AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-439/04)
   (2005/C 45/54)
   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 5 November 2004 by Eurohypo AG, Eschborn (Germany), represented by M. Kloth, Hamburg (Germany), lawyer, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 August 2004 (Case R-829/2002-4), in so far as it dismisses the appeal;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
               Applicant for the Community trade mark
            
            
               The applicant
            
         
               The trade mark applied for:
            
            
               The word mark EUROHYPO for services in Class 36 (financial affairs; monetary affairs; real estate affairs; provision of financial services; financing; financial analysis; investment affairs; insurance affairs)
            
         
               Decision of the examiner:
            
            
               Rejection of the application in respect of all services
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the contested decision with regard to the services financial analysis, investment affairs, insurance affairs in Class 36. Dismissal of the remainder of the appeal.
            
         
               Pleas in law:
            
            
               Infringement of the first sentence of Article 74(1) of Regulation (EC) No 40/94
               Misinterpretation of Article 7(1)(b)