Action brought on 29 August 2006 - REWE-Zentral v OHIM (Port Louis)

(Case T-230/06)

Language of the case: German

Parties

Applicant: REWE-Zentral AG (Cologne, Germany) (represented by M. Kinkeldey and A. Lehmann, lawyers)

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

Form of order sought

annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 June 2006 - Case R 25/2006-1 - with regard to Community trade mark application no. 003 664 133 PORT LOUIS;

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'Port Louis' for goods in Classes 18, 24 and 25 (application no. 366 4133).

Decision of the Examiner: Rejection of the application.

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 for which registration is sought is capable of registration. Furthermore, the applicant submits that the right to a fair hearing has been infringed.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).