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Case T-156/09: Action brought on 17 April 2009 — Four Ace International v OHIM (skiken)
ECLI:EU:UNKNOWN:62009TN0156
62009TN0156
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Valentina R., lawyer
4.7.2009
Official Journal of the European Union
C 153/43
(Case T-156/09)
2009/C 153/84
Language in which the application was lodged: German
Parties
Applicant: Four Ace International Ltd (represented by G. Uphoff, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 6 February 2009 — served on 11 February 2009 — in Case R 519/2008-4 concerning the application for Community trade mark No 5819371 and amend it so as to enable registration to proceed in respect of the following goods and services: Class 39 — travel arrangement and Class 41 — education; providing of training; entertainment; sporting and cultural activities;
—order the Office for Harmonisation in the Internal Market to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘skiken’ for services in Classes 35, 39, 41 and 43
Decision of the Examiner: Registration refused in part
Decision of the Board of Appeal: Appeal dismissed in part
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1)), since the trade mark applied for has the requisite distinctive character and there is no need for it to be allowed to remain available.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).