Action brought on 10 March 2008 - Gourmet Burger Kitchen v OHIM (GOURMET BURGER KITCHEN)

(Case T-115/08)

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.

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