Action brought on 7 September 2006 - Reitz and von Gadomski v OHIM

(CMD-CLINIC)

(Case T-241/06)

Language in which the application was lodged: German

Parties

Applicants: J. Reitz (Aumühle, Germany) and B. von Gadomski (Hamburg, Germany) (represented by: U. Poser, lawyer)

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

Form of order sought

annul the decision of the Fourth Board of Appeal of 6 July 2006 (R0372/2006-4);

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'CMD-CLINIC' in respect of goods and services in Classes 5, 10 and 44 (Application No 3 661 337).

Decision of the Examiner: Partial refusal to register.

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

Pleas in law: The contested decision is unlawful inasmuch as registration was wrongly refused pursuant to Article 7(1)(c) of Regulation (EC) No 40/94 ¹ on the basis that the mark applied for is descriptive and pursuant to Article 7(1)(b) thereof on the ground that it lacks distinctiveness.

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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).