CELEX: C2006/086/64
Language: en
Date: 2006-04-08 00:00:00
Title: Case T-18/06: Action brought on  23 January 2006  — Deutsche Telekom v OHIM

8.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 86/32
            
         Action brought on 23 January 2006 — Deutsche Telekom v OHIM
   (Case T-18/06)
   (2006/C 86/64)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Deutsche Telekom AG (Bonn, Germany) (represented by J.-C. Gaedertz, lawyer)
   
      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 Second Board of Appeal of the Office for Harmonisation in the Internal Market of 17 November 2005;
            
         
               —
            
            
               order the defendant to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘Alles, was uns verbindet’ for goods and services in Classes 9, 16, 35, 36, 38 and 42 — Application No 3 648 441
   
      Decision of the Examiner: Refusal of the application
   Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94, since the mark applied for is distinctive in respect of the designated goods and services and is not of a descriptive nature, because the combination of words is unusual and uncommon in relation to the goods and services claimed.