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8.9.2007 |
EN |
Official Journal of the European Union |
C 211/37 |
Action brought on 20 June 2007 — Prana Haus v OHIM (PRANAHAUS)
(Case T-226/07)
(2007/C 211/71)
Language of the case: German
Parties
Applicant: Prana Haus (Freiburg, Germany) (represented by N. Hebeis, lawyer)
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 First Board of Appeal of 18 April 2007 in Case R 1611/2006-1; |
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order the Office for Harmonisation in the Internal Market to enter trade mark application No 4 839 916 ‘PRANAHAUS’ in the Register of Community trade marks and |
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order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘PRANAHAUS’ for goods and services in classes 9, 16 and 35 (application No 4 839 916)
Decision of the Examiner: Refusal of the application
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), since there is no absolute ground for refusal of registration of the trade mark applied for.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).