Notice for the OJ

 

Action brought on 26 November 2002 by Quick Restaurants SA against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM)

    (Case T-348/02)

    (Language of the case: French)

An action against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM) was brought before the Court of First Instance of the European Communities on 26 November 2002 by Quick Restaurants SA, established in Brussels, represented by Louis Van Bunnen, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

(annul paragraph 1 of the operative part of the decision delivered by the Second Board of Appeal of the OHIM on 17 September 2002;

(confirm the remainder of the decision;

(order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark:Quick Restaurants SAThe Community trade mark concerned:Figurative mark "QUICK" ( Application No 350793, lodged in respect of goods and services in Classes 29, 30, 31 and 32 (meat, fish, coffee, foodstuffs, pre-prepared dishes, prepared drinks)Decision of the examiner:Registration refusedDecision of the Board of Appeal:Confirmation of the contested decision in respect of certain goods in Classes 29, 30 and 31 (that is to say: pre-prepared dishes) and annulment of the decision in respect of the other goodsGrounds of claim:Misapplication of Article 7(1)(c) of Regulation (EC) No 40/94. According to the applicant, the trade mark is capable of identifying the goods concerned.

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