Action brought on 22 May 2008 - JOOP! v OHIM

(Case T-191/08)

Language in which the application was lodged: German

Parties

Applicants: JOOP! GmbH (Hamburg, Germany) (represented by:H. Schmidt-Hollburg, W. Möllering, A. Löhde, H. Leo, A. Witte, T. Frank, A. Theil, H.-P. Rühland, B. Willers and T. Rein)

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 of 6 March 2008 in Case R 1822/2007-1;

Order the Office for Harmonisation in the Internal Market to pay the costs including those incurred during the appeal proceedings.

Pleas in law and main arguments

Community trade mark concerned: figurative mark representing an exclamation mark, for goods in Classes 14, 18 and 25 (Application No 5 332 176).

Decision of the Examiner: Rejection of the registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94¹, as the mark applied for has distinctive character and its availability does not have to be preserved.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1)