Notice for the OJ

 

Action brought on 26 July 2004 by Eden against the Office for Harmonisation in the Internal Market (OHIM)

(Case T-305/04)

Language of the case: French

An action against the Office for Harmonisation in the Internal Market (OHIM) was brought before the Court of First Instance of the European Communities on 26 July 2004 by Eden, established in Paris, represented by M. Antoine-Lalance, lawyer.

The applicant claims that the Court should:

-    annul the decision of the First Board of Appeal of OHIM of 24 May 2004 (Case R 591/2003-4);

-    order OHIM to pay the costs.

Pleas in law and main arguments:

Community trade mark sought:Olfactory mark "ODEUR DE FRAISE MÛRE" accompanied by a graphic representation of a strawberry - Registration No 001122118.

Goods or services:Goods in Classes 3, 16, 18 and 25.

Decision contested before the Board of Appeal:

Refusal to register by the examiner.

Decision of the Board of Appeal:Dismissal of the appeal.

Pleas in law:Infringement of Article 7(1)(a) of Regulation No 40/94.

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