Action brought on 15 October 2007 - Alber v OHIM (part of hand grip)

(Case T-391/07)

Language of the case: German

Parties

Applicant: Alfons Alber (Vöran, Italy) (represented by: S. Schneller, lawyer)

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

Form of order sought

annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market of 16 August 2007 and the decision of the Office for Harmonisation in the Internal Market of 16 January 2007 in so far as those decisions reject registration of Community trade mark No. 4 396 727 in respect of the goods 'manually operated tools for agricultural, horticultural and forestry activities, including garden shears, tree pruning shears, hedge clippers; manually operated secateurs...';

hold oral proceedings before the Court of First Instance;

order the defendant to pay the costs of the proceedings;

in the alternative, remit the case to the Office for Harmonisation in the Internal Market;

Pleas in law and main arguments

Community trade mark concerned: three-dimensional trade mark 'Part of hand grip' in respect of goods in Classes 6 and 8 (application No 4 396 727)

Decision of the Examiner: refusal in part of the application.

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

Pleas in law: Infringement of the principle laid down in the first sentence of Article 74(1) of Regulation No 40/94 ¹ that the Office examines the facts of its own motion and infringement of Article 7 of that regulation. In the alternative, failure to the state reasons on which a decision is based pursuant to the first sentence of Article 73 of Regulation No 40/94.

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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)