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Case T-163/08: Action brought on 29 April 2008 — Arbeitsgemeinschaft Golden Toast v OHIM (Golden Toast)
ECLI:EU:UNKNOWN:62008TN0163
62008TN0163
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Valentina R., lawyer
5.7.2008
Official Journal of the European Union
C 171/41
(Case T-163/08)
(2008/C 171/79)
Language of the case: German
Parties
Applicant: Arbeitsgemeinschaft Golden Toast e.V. (Düsseldorf, Germany) (represented by: A. Späth and G. Hasselblatt, 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 31 January 2008 (Case R 761/2007-1);
—Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘Golden Toast’ for goods and services in Classes 5, 8, 9, 11, 14, 16, 21, 24, 25, 28-32, 39 and 41-44 (Application No 4 811 171).
Decision of the Examiner: Application refused in part, in respect of the goods in Classes 11 and 30.
Decision of the Board of Appeal: Dismissal of appeal.
Pleas in law: Breach of the obligation under the first sentence of Article 73 of Regulation (EC) No 40/94 (1) to state reasons, in that the appealed decision was based on lack of distinctive character within the meaning of Article 7(1)(b) of that regulation, although that was not examined. In addition, infringement of Article 7(1)(c) of Regulation No 40/94, in that the conditions for the finding of descriptiveness of the trade mark applied for were misconstrued.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).