21.2.2009
EN
Official Journal of the European Union
C 44/49
Action brought on 25 November 2008 — Nadine Trautwein Rolf Trautwein v OHIM (Hunter)
(Case T-505/08)
(2009/C 44/87)
Language of the case: German
Parties
Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshöhe, Germany) (represented by C. Czychowski, lawyer)
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 17 September 2008 in Case R 1733/2007-1, as well as the decision of the examiner of 17 October 2007 and admit Community trade mark application No 4829347 for publication; and
—
order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘Hunter’ for goods in classes 18 and 25 (Application No 4 829 347)
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), in that the trade mark neither can be denied the necessary distinctive character nor involves a descriptive indication.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
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