Action brought on 17 April 2009 - Four Ace International v OHIM (skiken)

(Case T-156/09)

Language in which the application was lodged: German

Parties

Applicant: Four Ace International Ltd (represented by G. Uphoff, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 6 February 2009 - served on 11 February 2009 - in Case R 519/2008-4 concerning the application for Community trade mark No 5 819 371 and amend it so as to enable registration to proceed in respect of the following goods and services: Class 39 - travel arrangement and Class 41 - education; providing of training; entertainment; sporting and cultural activities;

order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'skiken' for services in Classes 35, 39, 41 and 43

Decision of the Examiner: Registration refused in part

Decision of the Board of Appeal: Appeal dismissed in part

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 ¹), since the trade mark applied for has the requisite distinctive character and there is no need for it to be allowed to remain available.

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¹ - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).