Action brought on 20 June 2007 - Prana Haus v OHIM (PRANAHAUS)

(Case T-226/07)

Language of the case: German

Parties

Applicant: Prana Haus (Freiburg, Germany) (represented by N. Hebeis, lawyer)

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

Form of order sought

annul the Decision of the First Board of Appeal of 18 April 2007 in Case R 1611/2006-1;

order the Office for Harmonisation in the Internal Market to enter trade mark application No 4 839 916 'PRANAHAUS' in the Register of Community trade marks and

order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'PRANAHAUS' for goods and services in classes 9, 16 and 35 (application No 4 839 916)

Decision of the Examiner: Refusal of the application

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 since there is no absolute ground for refusal of registration of the trade mark applied for.

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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).