Notice for the OJ

 

Action brought on 5 November 2004 by Eurohypo AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-439/04)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 5 November 2004 by Eurohypo AG, Eschborn (Germany), represented by M. Kloth, Hamburg (Germany), lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 August 2004 (Case R-829/2002-4), in so far as it dismisses the appeal;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade markThe applicantThe trade mark applied for:The word mark EUROHYPO for services in Class 36 (financial affairs; monetary affairs; real estate affairs; provision of financial services; financing; financial analysis; investment affairs; insurance affairs)Decision of the examiner:Rejection of the application in respect of all servicesDecision of the Board of Appeal:Annulment of the contested decision with regard to the services 'financial analysis, investment affairs, insurance affairs' in Class 36. Dismissal of the remainder of the appeal.Pleas in law:Infringement of the first sentence of Article 74(1) of Regulation (EC) No 40/94 ¹

Misinterpretation of Article 7(1)(b)

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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).