Action brought on 12 June 2007 - Gaedertz v OHIM - Living Byte Software (GlobalRemote)

(Case T-209/07)

Language in which the application was lodged: German

Parties

Applicant: Johann-Christoph Gaedertz (Frankfurt am Main, Germany) (represented by: E. M. Gerstenberg, Rechtsanwalt)

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

Other party to the proceedings before the Board of Appeal of OHIM: Living Byte Software GmbH

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 25 April 2007 in Case R 272/2005-4;

Declare Community trade mark No 1 466 499 'GlobalRemote' invalid;

Order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark 'GlobalRemote' for goods and services in Classes 9, 38 and 42 (Community trade mark No 1 466 499).

Proprietor of the Community trade mark: Living Byte Software GmbH.

Applicant for the declaration of invalidity: The applicant.

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: In particular, infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 ¹ since the Community trade mark in respect of which a declaration of invalidity has been sought is devoid of the necessary distinctive character and is of a purely descriptive nature.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).