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Case T-115/08: Action brought on 10 March 2008 — Gourmet Burger Kitchen v OHIM (GOURMET BURGER KITCHEN)
ECLI:EU:UNKNOWN:62008TN0115
62008TN0115
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26.4.2008
Official Journal of the European Union
C 107/42
(Case T-115/08)
(2008/C 107/70)
Language in which the application was lodged: English
Parties
Applicant: Gourmet Burger Kitchen Ltd (London, United Kingdom) (represented by C. Sawdy, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the Decision of the Second Board of Appeal of 5 December 2007 in case R 1215/2007-2; and
—order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: A word mark consisting of the words GOURMET BURGER KITCHEN for various goods and services in classes 29, 30, 31, 32, 33 and 43 — application No 4 615 341
Decision of the examiner: Partial refusal of the application for services in class 43
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 has acquired distinctiveness through use in the United Kingdom and Ireland.