Notice for the OJ

 

Action brought on 24 August 2005 - Coffee Store v OHIM

(Case T-323/05)

Language in which the application was lodged: German

Parties

Applicant(s): The Coffee Store GmbH (Mannheim, Germany) (represented by: M. Buddeberg, lawyer)

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

Form of order sought

The applicant claims that the Court should:

set aside the decision of the Second Board of Appeal of OHIM of 15 June 2005, reference No R 855/2004-2;

-    order that Community trade mark application 3 346 228 THE COFFEE STORE be registered;

-    order OHIM to bear the costs of the proceedings.

Pleas in law and main arguments

Community trade mark sought: The word mark 'THE COFFEE STORE' for goods and services in Classes 30, 32, 41 and 43.

Decision of the examiner: Refusal to register the goods and services in Classes 30, 32 and 43.

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

Pleas in law: The trade mark applied for cannot be considered as a sign exclusively of descriptive character within the meaning of Article 7(1)(c) of Council Regulation (EC) No 40/94. Furthermore, the trade mark applied for is not devoid of any distinctive character within the meaning of Article 7(1)(b) of Council Regulation (EC) No 40/94.

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