Action brought on 24 May 2007 - Promomadrid Desarrollo Internacional de Madrid v OHIM (MADRIDEXPORTA)

(Case T-180/07)

Language of the case: Spanish

Parties

Applicant: Promomadrid Desarrollo Internacional de Madrid, S.A. (Madrid) (Represented by: M. Aznar Alonso, lawyer)

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

Forms of order sought

A declaration that the decision of the First Board of Appeal of OHIM, of 7 March 2007, in which it rejected the application No 4.659.553 for registration of the composite Community trade mark MadridExporta, in classes 16, 35, 36, 38, 39, 41 and 42 does not comply with Council Regulation (EC) 40/94 on the Community Trade Mark.

A declaration that Article 7(1)(c) of Regulation No 40/94 does not apply to composite Community trade mark MadridExporta No 4.659.553, and that Article 7(3) of Regulation No 40/94 applies instead.

Order the defendant and, if appropriate, the intervener, to pay the costs.

Pleas in law and main arguments

Community trade mark applied for: Composite mark "MADRIDEXPORTA" (application No 4.659.553), for goods and services in classes 16, 35, 36, 38, 39, 41 and 42.

Decision of the examiner: Reject the application.

Decision of the Board of Appeal: Reject the appeal.

Pleas in law: Incorrect application of Article 7(1)(c) and Article 7(3) of Council Regulation (EC) No 40/94 on the Community Trade Mark.

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