CELEX: C2005/257/32
Language: en
Date: 2005-10-15 00:00:00
Title: Case T-325/05: Action brought on 30 August 2005 — TUI AG v OHIM

15.10.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 257/17
            
         Action brought on 30 August 2005 — TUI AG v OHIM
   (Case T-325/05)
   (2005/C 257/32)
   Language in which the application was lodged: German
   Parties:
   
      Applicant(s): TUI AG (Hannover, Germany) (represented by D. von Schultz)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought:
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of OHIM of 25 May 2005 in Case R 183/2004-4;
            
         
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               require OHIM to register the trade mark ‘Fliegen zum Taxipreis’ applied for under number EU 002851681 for all services covered by the application;
            
         
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               order OHIM to pay the costs of the appeal procedure and of the present case.
            
         Pleas in law and main arguments:
   
      Community trade mark concerned: Word mark ‘Fliegen zum Taxipreis’ for services in Classes 36 and 39 — application No 2 851 681.
   
      Decision of the Examiner: Rejection of the application in respect of services in Class 39.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Article 7(1)(b) of Council Regulation (EC) No 40/94, as it is incorrect that the trade mark applied for has no distinctive character.