9.2.2008 |
EN |
Official Journal of the European Union |
C 37/31 |
Action brought on 3 December 2007 — Rotter v OHIM (EU-BRUZZEL)
(Case T-449/07)
(2008/C 37/49)
Language in which the application was lodged: German
Parties
Applicant: Thomas Rotter (Munich, Germany) (represented by M. Müller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
— |
To annul the decision of the Fourth Board of Appeal of OHIM of 27 September 2007 in Case R 1415/2006-4; |
— |
To order OHIM to pay the costs of the proceedings including those incurred during the appeal proceedings. |
Pleas in law and main arguments
Community trade mark concerned: the three-dimensional mark ‘EU-BRUZZEL’ for goods and services in Classes 29, 30 and 43 (application No 4 346 185).
Decision of the Examiner: rejection in part of the application.
Decision of the Board of Appeal: dismissal of the appeal.
Pleas in law: infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1), since the mark applied for is distinctive in relation to the contested charcuterie goods.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).