1.5.2009
EN
Official Journal of the European Union
C 102/18
Action brought on 9 February 2009 — Deutsche Behindertenhilfe — Aktion Mensch v OHIM
(Case T-47/09)
2009/C 102/29
Language in which the application was lodged: German
Parties
Applicant: Deutsche Behindertenhilfe — Aktion Mensch (Mainz, Germany) (represented by V. Töbelmann and A. Piltz, 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 (Trade Marks and Designs) of 27 November 2008 in Case R 1094/2008-1;
—
order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘’ for services in Classes 35 and 41 (application No 4 606 372)
Decision of the Examiner: Rejection of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) NO 40/94, (1) since the marks cited have the required distinctive character and there is no requirement to keep the mark free.
(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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