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30.8.2008 |
EN |
Official Journal of the European Union |
C 223/49 |
Action brought on 17 June 2008 — Asenbaum Fine Arts v OHIM (WIENER WERKSTÄTTE)
(Case T-231/08)
(2008/C 223/85)
Language of the case: German
Parties
Applicant: Asenbaum Fine Arts Ltd (London, United Kingdom) (represented by: P. Vögel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Alter the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 10 April 2008 (R 1571/2006-4) so as to allow the applicant's appeal of 29 November 2006 in its entirety; In the alternative annul the contested decision and refer the matter back to the Office for Harmonisation in the Internal Market to complete the proceedings; |
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Order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings, including the costs of the appeal proceedings. |
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘WIENER WERKSTÄTTE’ for goods in Class 14 (Application No 4 207 783).
Decision of the Examiner: Application rejected.
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 the trade mark applied for is neither descriptive nor devoid of distinctive character.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).