Action brought on 13 April 2006 - DeTeMedien v OHIM (suchen.de)
(Case T -117/06)
Language of the case: German
Parties
Applicant: DeTeMedien, Deutsche Telekom Medien GmbH (Frankfurt, Germany) (represented by: J. Fesenmair and I. Gehring, lawyers)
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 30 January 2006 in appeal proceedings R 287/2005-1, and
order the Office for Harmonisation to bear the applicant's refundable costs
Pleas in law and main arguments
Community trade mark concerned: The word mark 'suchen.de' for goods and services in Classes 9, 16, 35, 36, 38 and 42 (Application No 3 915 329)
Decision of the examiner: Partial rejection of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: The mark applied for does have distinctive character and is not purely descriptive; thus, no absolute grounds for refusal under Article 7(1)(b) and (c) or Article 7(2) of Regulation (EC) No 40/94
1 stand in the way of its registration.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).