CELEX: C2007/069/52
Language: en
Date: 2007-03-24 00:00:00
Title: Case T-23/07: Action brought on 5 February 2007 — Borco-Marken-Import Matthiesen v OHIM (α)

24.3.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 69/24
            
         Action brought on 5 February 2007 — Borco-Marken-Import Matthiesen v OHIM (α)
   (Case T-23/07)
   (2007/C 69/52)
   Language of the case: German
   Parties
   
      Applicant: Borco-Marken-Import Matthiesen GbmH & Co. KG (Hamburg, Germany) (represented by M. Wolter, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
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               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 30 November 2006 in Case R 0808/2006-4;
            
         
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               Declare that the provisions of Article 7(1)(b) and (c) and of Article 7(2) of Regulation (EC) 40/94 do not preclude publication of the mark applied for in respect of goods in Class 33 (‘alcoholic beverages (excluding beer), wines, sparkling wines and beverages containing wine’);
            
         
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               Order the Office for Harmonisation in the Internal Market to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The figurative mark ‘α ’for goods in Class 33 (Application No 4 634 663).
   
      Decision of the Examiner: Rejection 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 Regulation (EC) No 40/94 (1), in that it is wrongly held that absolute grounds for refusal exist. Furthermore, the scope and meaning of Article 12 of Regulation (EC) No 40/94 are misconstrued.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 1994, p. 1).