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27.9.2008 |
EN |
Official Journal of the European Union |
C 247/18 |
Action brought on 29 July 2008 — Deutsche BKK v OHIM
(Case T-289/08)
(2008/C 247/36)
Language in which the application was lodged: German
Parties
Applicant: Deutsche BKK (Wolfsburg, Germany) (represented by H.P. Schrammek, C. Drzymalla and S. Risthaus, acting as Agents)
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 29 May 2008 in Case R 318/2008-4, notified on 2 June 2008; |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘Deutsche BKK’ for services in Classes 36, 41 and 44 (application No 4 724 894).
Decision of the Examiner: Refusal of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law:
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Infringement of Article 73 of Regulation (EC) No 40/94 (1) due to the rejection of documents without the possibility for prior comments; |
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Infringement of the first sentence of Article 4(1) of Regulation No 40/94 due to the Office's improper investigation of the facts; |
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Infringement of Article 7(1)(b) and (c) of Regulation No 40/94 due to denial of protection for the mark ‘Deutsche BKK’ because of absolute grounds for refusal of protection for the mark; |
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Infringement of Article 7(3) of Regulation No 40/94 due to refusal to recognise distinctive character in consequence of use. |
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).