Action brought on 26 June 2008 - Vion v OHIM (PASSION FOR BETTER FOOD)

(Case T-251/08)

Language in which the application was lodged: German

Parties

Applicant: Vion NV (Best, Netherlands) (represented by A. Klinger, lawyer)

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

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 April 2008 (Case R 562/2007-4);

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'PASSION FOR BETTER FOOD' for goods in classes 5, 29 and 30 (Application for registration No 5 039 946).

Decision of the Examiner: Application dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94, ¹ as the trade mark applied for is sufficiently distinctive.

____________

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