CELEX: C2005/115/45
Language: en
Date: 2005-05-14 00:00:00
Title: Case T-72/05: Action brought on 17 February 2005 by Deutsche Telekom AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

14.5.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 115/23
            
         Action brought on 17 February 2005 by Deutsche Telekom AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-72/05)
   (2005/C 115/45)
   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 17 February 2005 by Deutsche Telekom AG, Bonn, Germany, represented by J.-C. Gaedertz and D.R. Marschollek, lawyers.
   The applicant claims that the Court should:
   
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               set aside the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 15 December 2004;
            
         
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               order the defendant to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   
               Community trade mark sought:
            
            
               The word mark 'Telekom Global Net' for goods and services in Classes 9, 16, 35, 36, 38, 39, 41 and 42 (Electric instruments, printed matter, advertising, financial and real estate affairs, telecommunications, transport and storage, education, computer programming…) — Application No 2 168 169.
            
         
               Decision of the Examiner:
            
            
               Refusal of the application for almost all of the goods and services in Classes 9, 38 and 42.
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal.
            
         
               Pleas in law:
            
            
               
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                           The mark applied for displays no descriptive character in relation to the goods and services in Classes 9, 38 and 42 for the purposes of Article 7(1)(c) of Council Regulation (EC) No 40/94.
                        
                     
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                           The mark applied for has sufficient distinctive character within the meaning of Article 7(1)(b) of Regulation (EC) No 40/94.