Action brought on 15 September 2008 - Nadine Trautwein Rolf Trautwein v OHIM (Representation of a horse)

(Case T-386/08)

Language in which the application was lodged: German

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research Development (Leopoldshohe, Germany) (represented by C. Czychowski, A. Nordemann and A. Dustmann)

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

Form of order sought

annul the Decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 July 2008 in Case R 1730/2007-1 together with the decision of the examiner of 25 September 2007 and to authorise the publication of the application for the registration of Community trade mark 4829354;

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Representation of a horse for goods in Classes 18, 25 and 31 - Application No 4 829 354

Decision of the Examiner: Rejection 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 as the trade mark applied for is neither directly nor exclusively descriptive, and has a sufficiently distinctive character.

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