Action brought on 9 February 2009 - Deutsche Behindertenhilfe - Aktion Mensch v OHIM

(Case T-47/09)

Language in which the application was lodged: German

Parties

Applicant: Deutsche Behindertenhilfe - Aktion Mensch (Mainz, Germany) (represented by V. Töbelmann and A. Piltz, 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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 November 2008 in Case R 1094/2008-1;

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'diegesellschafter.de' for services in Classes 35 and 41 (application No 4 606 372)

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) NO 40/94, ¹ since the marks cited have the required distinctive character and there is no requirement to keep the mark free.

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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).