30.8.2008 |
EN |
Official Journal of the European Union |
C 223/52 |
Action brought on 26 June 2008 — Vion v OHIM (PASSION FOR BETTER FOOD)
(Case T-251/08)
(2008/C 223/92)
Language in which the application was lodged: German
Parties
Applicant: Vion NV (Best, Netherlands) (represented by A. Klinger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
— |
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 April 2008 (Case R 562/2007-4); |
— |
order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘PASSION FOR BETTER FOOD’ for goods in classes 5, 29 and 30 (Application for registration No 5 039 946).
Decision of the Examiner: Application dismissed.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94, (1) as the trade mark applied for is sufficiently distinctive.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1993 L 11, p. 1).