Action brought on 23 January 2006 - Deutsche Telekom v OHIM

(Case T-18/06)

Language in which the application was lodged: German

Parties

Applicant: Deutsche Telekom AG (Bonn, Germany) (represented by J.-C. Gaedertz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 17 November 2005;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'Alles, was uns verbindet' for goods and services in Classes 9, 16, 35, 36, 38 and 42 - Application No 3 648 441

Decision of the Examiner: Refusal 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 Council Regulation No 40/94, since the mark applied for is distinctive in respect of the designated goods and services and is not of a descriptive nature, because the combination of words is unusual and uncommon in relation to the goods and services claimed.

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