Action brought on 4 June 2007 - Frosch Touristik v OHIM - DSR touristik (FLUGBÖRSE)

(Case T-189/07)

Language in which the application was lodged: German

Parties

Applicant: Frosch Touristik GmbH (Munich, Germany) (represented by: H. Lauf, Rechtsanwalt)

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

Other party to the proceedings before the Board of Appeal of OHIM: DSR touristik GmbH

Form of order sought

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 March 2007 - Case R 1084/2004-4 - in its entirety and refer the case back to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) for a fresh decision;

order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark 'FLUGBÖRSE' for goods and services in Classes 16, 39 and 42 (Community trade mark No 81 406).

Proprietor of the Community trade mark: The applicant.

Applicant for the declaration of invalidity: DSR touristik GmbH.

Decision of the Cancellation Division: Partial declaration of invalidity of the trade mark concerned.

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

Pleas in law: Incorrect application of Article 51(1)(a), of Article 7(1)(c) and of Article 51(2) of Regulation (EC) No 40/94. ¹

____________

¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).