|
26.4.2008 |
EN |
Official Journal of the European Union |
C 107/33 |
Action brought on 13 February 2008 — JOOP! v OHIM (!)
(Case T-75/08)
(2008/C 107/55)
Language in which the application was lodged: German
Parties
Applicant: JOOP! GmbH (Hamburg, Germany) (represented by H. Schmidt-Hollburg and W. Möllering, lawyers)
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 26 November 2007 in Case R 1134/2007-1; |
|
— |
Order the Office for Harmonisation in the Internal Market to pay the costs including those incurred during the appeal proceedings |
Pleas in law and main arguments
Community trade mark concerned: The figurative mark ‘!’ for goods in Classes 14, 18 and 25 (application No 5 332 184)
Decision of the Examiner: Rejection 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), as the mark applied for has distinctive character and its availability does not have to be preserved.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).