Notice for the OJ
Action brought on 17 November 2003 by Peek & Cloppenburg KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-379/03)
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 17 November 2003 by Peek & Cloppenburg KG, Düsseldorf (Germany), represented by U. Hildebrandt, lawyer.
The applicant claims that the Court should:
annul the decision of the Fourth Board of Appeal of the Office for Harmonisation of 27 August 2003 in Case R 105/2002-4;
order the Office to pay the costs.
Pleas in law and main arguments:
Community trade mark sought:
Word mark "Cloppenburg" - Application No 1 920 685 in respect of Class 35 - retail trade services.
Decision contested before the Board of Appeal:
Examiner's refusal to register.
Decision of the Board of Appeal:
Dismissal of the applicant's appeal.