Action brought on 11 January 2008 - Katjes Fassin v OHIM (Yoghurt-Gums)

(Case T-25/08)

Language in which the application was lodged: German

Parties

Applicant: Katjes Fassin GmbH & Co. KG (Emmerich, Germany) (represented by R. Uecker, 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 25 October 2007 (Case R 1322/2006-4);

Order the defendant to pay the costs of the action, including those incurred during the appeal proceedings.

Pleas in law and main arguments

Community trade mark concerned: The figurative mark 'Yoghurt-Gums' for goods in Classes 29, 30 and 32 (Application No 4 929 808).

Decision of the Examiner: Partial refusal to register.

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

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 ¹ in relation to the goods in Class 30 which are still at issue in the proceedings.

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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).