Official Journal of the European Union

C 249/15

Action brought on 25 August 2006 — PTV v OHIM (MAP&GUIDE The Mapware Company)

(Case T-226/06)

(2006/C 249/36)

Language of the case: German


Applicant: PTV Planung Transport Verkehr AG (Karlsruhe, Germany) (represented by F. Nielsen, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 16 June 2006 (Case R 1175/2005-1);

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘MAP&GUIDE The Mapware Company’ for goods and services in Classes 9, 16 and 42.

Decision of the Examiner: Rejection in part of the application for registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: The mark for which registration is sought is distinctive for the purposes of Article 7(1)(b) of Regulation (EC) No 40/94. (1)

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)