Notice for the OJ

 

Action brought on 31 March 2004 by Cargo Partner AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-123/04)

Language of the case: German

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 31 March 2004 by Cargo Partner AG, Fischamend (Austria), represented by M. Wolner, lawyer.

The applicant claims that the Court should:

-    vary the contested decision so as to allow registration of the trade mark sought;

-    in the alternative, refer the case back to the Office for Harmonisation in the Internal Market (Trade Marks and Designs); and,

-    in any event, award costs to the applicant.

Pleas in law and main arguments:

Community trade mark sought:The word mark CARGO PARTNER - Application No 2697290.

Goods or services:Goods and services in Classes 36 (insurance) and 39 (transport; packaging and storage of goods; travel arrangement).

Decision contested before the Board

of Appeal:

The examiner's partial refusal to register the mark in respect of the transport, packaging and storage services in Class 39.

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

Pleas in law:The mark is distinctive and therefore registrable.

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