Action brought on 25 November 2008 - Nadine Trautwein Rolf Trautwein v OHIM (Hunter)

(Case T-505/08)

Language of the case: German

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshöhe, Germany) (represented by C. Czychowski, lawyer)

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 17 September 2008 in Case R 1733/2007-1, as well as the decision of the examiner of 17 October 2007 and admit Community trade mark application No 4829347 for publication; and

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'Hunter' for goods in classes 18 and 25 (Application No 4 829 347)

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 40/94, ¹ in that the trade mark neither can be denied the necessary distinctive character nor involves a descriptive indication.

____________

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