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Case T-75/08: Action brought on 13 February 2008 — JOOP! v OHIM (!)
ECLI:EU:UNKNOWN:62008TN0075
62008TN0075
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Valentina R., lawyer
26.4.2008
EN
Official Journal of the European Union
C 107/33
(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).