Notice for the OJ

 

Action brought on 12 July 2005 - Deutsche Telekom v OHIM

(Case T-257/05)

Language in which the application was lodged: German

Parties

Applicant(s): Deutsche Telekom AG (Bonn, Germany) (represented by: J.-C. Gaedertz, lawyer)

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

Forms of order sought

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of 2 May 2005 in appeal proceedings R 0620/2004-2;

-    re-establish the applicant's rights (restitutio in integrum) in accordance with Article 78 of the Community trade mark regulation.

Pleas in law and main arguments

Community trade mark sought: The word mark 't' for goods and services in Classes 9, 16, 35, 36, 38, 39 and 41 - Registration No 2 893 865.

Decision of the examiner: Refusal to register.

Decision of the Board of Appeal: Dismissal of the application to re-establish the applicant's rights and dismissal of its appeal.

Pleas in law: The refusal to re-establish the applicant's rights in the appeal proceedings is unlawful since it is incorrect that the office organisation of the applicant's lawyers does not satisfy the requirements of Article 78(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark.

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