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15.10.2005 |
EN |
Official Journal of the European Union |
C 257/17 |
Action brought on 30 August 2005 — TUI AG v OHIM
(Case T-325/05)
(2005/C 257/32)
Language in which the application was lodged: German
Parties:
Applicant(s): TUI AG (Hannover, Germany) (represented by D. von Schultz)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought:
The applicant claims that the Court should:
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annul the decision of the Fourth Board of Appeal of OHIM of 25 May 2005 in Case R 183/2004-4; |
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require OHIM to register the trade mark ‘Fliegen zum Taxipreis’ applied for under number EU 002851681 for all services covered by the application; |
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order OHIM to pay the costs of the appeal procedure and of the present case. |
Pleas in law and main arguments:
Community trade mark concerned: Word mark ‘Fliegen zum Taxipreis’ for services in Classes 36 and 39 — application No 2 851 681.
Decision of the Examiner: Rejection of the application in respect of services in Class 39.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 7(1)(b) of Council Regulation (EC) No 40/94, as it is incorrect that the trade mark applied for has no distinctive character.