Notice for the OJ

 

Action brought on 9 September 2003 by Volkswagen AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    (Case T-306/03)

    (Language of the case: German)

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 9 September 2003 by Volkswagen AG, Wolfsburg (Germany), represented by S. Risthaus, lawyer.

The applicant claims that the Court should:

(annul the decision of 7 July 2003 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 1012/2001-2;

(order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments:

Community trade mark sought:The word mark "CLIMATIC" ( Application No 1705557Goods or services:Goods and services in Classes 11, 12 and 37 (inter alia, apparatus for heating, steam generating, refrigerating, drying and ventilating; repair)

Decision contested before the Board of Appeal:Refusal by the examiner to register the mark in respect of goods and services in Classes 11 and 37Decision of the Board of Appeal:Dismissal of the appealPleas in law:(Infringement of Article 74(1) of Regulation (EC) No 40/94

(Legally incorrect application of Article 7(1)(b) of Regulation (EC) No 40/94

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