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

(Case T-385/08)

Language in which the application was lodged: German

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research Development (Leopoldshöhe, 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 Decision R 1734/2007-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 30 June 2008, together with the decision of the examiner of 25 September 2007 to the extent that protection was refused for the application for Community trade mark 4829321 for goods 'leather goods included in Class 18; bags' in Class 18 and 'foodstuffs for animals and drinks for domestic animals' in Class 31;

authorise the publication of the application for the registration of Community trade mark 4829321 in respect of those goods as well and

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Representation of a dog for goods in Classes 18, 25 and 31 - Application No 4 829 321

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Annulment of the contested decision as regards 'clothing, footwear and headgear; belts' in Class 25

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulatin No 40/94, as the mark applied for is neither directly nor exclusively descriptive, and has a sufficiently distinctive character.

____________