Action brought on 29 March 2006 - Neoperl v OHIM

(Case T-97/06)

Language of the case: German

Parties

Applicant: Neoperl GmbH (Müllheim, Germany) (represented by H. Börjes-Pestalozza, lawyer)

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

Form of order sought

annul contested Decision R 0612/2005-4 and order the Office for Harmonisation in the Internal Market to publish application No 3 636 206 for the purposes of its registration as a Community trade mark.

Pleas in law and main arguments

Community trade mark concerned: Three dimensional mark 'Sanitärschlauch' - shape of a tube - for goods in Classes 11 and 17 - Application No 3 636 206.

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The mark applied for has the necessary distinctive character for the purposes of Article 7(1)(b) of Regulation (EC) No 40/94 ¹.

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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).