Notice for the OJ
Action brought on 11 October 2004 by Borco-Marken-Import Matthiesen GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-405/04)
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 11 October 2004 by Borco-Marken-Import Matthiesen GmbH & Co. KG, Hamburg (Germany), represented by M. Wolter, lawyer.
The applicant claims that the Court should:
annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 August 2004 in Case R 912/2002-2;
declare that the provisions of Article 7(1)(b) and (c) and 7(2) do not prevent publication of the mark applied for, 'Caipi', for goods in Class 33 (alcoholic beverages (not including beer));
order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for the Community trade mark:The applicantThe trade mark applied for:Word mark 'Caipi' for goods in Class 33 (alcoholic beverages (not including beer)), application No 2 655 967Decision of the examiner:Refusal to register the mark applied forDecision of the Board of Appeal:Dismissal of the appealGrounds of claim:Infringement of Article 7(1)(b) and (c) and of Article 12 of Regulation (EC) No 40/94.
1 Wrongful failure to take account of earlier national registrations.