Action brought on 24 July 2007 - Tailor v OHIM (Gesäßtasche links)
(Case T-282/07)
Language of the case: German
Parties
Applicant: Tom Tailor GmbH (Hamburg, Germany) (represented by: S.O. Gillert, K. Vanden Bossche and F. Schiwek, lawyers)
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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2007 (Case R 669/2006-1);
order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The figurative mark 'Gesäßtasche links' for goods in Class 25 (Application No 4 287 751).
Decision of the Examiner: Rejection of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94,
1 as the figurative mark applied for is sufficiently distinctive.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).