6.12.2008
EN
Official Journal of the European Union
C 313/37
Action brought on 15 September 2008 — Nadine Trautwein Rolf Trautwein v OHIM (Representation of a horse)
(Case T-386/08)
(2008/C 313/67)
Language in which the application was lodged: German
Parties
Applicant: Nadine Trautwein Rolf Trautwein GbR, Research Development (Leopoldshohe, Germany) (represented by C. Czychowski, A. Nordemann and A. Dustmann)
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 (Trade Marks and Designs) of 7 July 2008 in Case R 1730/2007-1 together with the decision of the examiner of 25 September 2007 and
—
to authorise the publication of the application for the registration of Community trade mark 4829354;
—
order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Representation of a horse for goods in Classes 18, 25 and 31 — Application No 4 829 354
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 Council Regulation No 40/94 as the trade mark applied for is neither directly nor exclusively descriptive, and has a sufficiently distinctive character.
Full & Egal Universal Law Academy