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27.9.2008 |
EN |
Official Journal of the European Union |
C 247/17 |
Action brought on 21 July 2008 — Fidelio KG v OHIM
(Case T-286/08)
(2008/C 247/33)
Language in which the application was lodged: German
Parties
Applicant: Fidelio KG (Linz, Austria) (represented by M. Gail, acting as Agent)
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 (Trade Marks and Designs) of 21 May 2008 (case R 632/2007-4); |
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Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay its own costs as well as those of the applicant. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘Hallux’ for goods in Classes 10, 18 and 25 (Application No 5 245 147).
Decision of the Examiner: Partial refusal of the application.
Decision of the Board of Appeal: Appeal partially upheld.
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1), as the registered marks concerning the goods ‘orthopaedic article’ and ‘footwear’ do not present any absolute grounds for refusal.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).