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Document C2006/261/47
Case T-241/06: Action brought on 7 September 2006 — Reitz and von Gadomski v OHIM (CMD-CLINIC)
Case T-241/06: Action brought on 7 September 2006 — Reitz and von Gadomski v OHIM (CMD-CLINIC)
Case T-241/06: Action brought on 7 September 2006 — Reitz and von Gadomski v OHIM (CMD-CLINIC)
JO C 261, 28.10.2006, p. 25–25
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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28.10.2006 |
EN |
Official Journal of the European Union |
C 261/25 |
Action brought on 7 September 2006 — Reitz and von Gadomski v OHIM (CMD-CLINIC)
(Case T-241/06)
(2006/C 261/47)
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
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annul the decision of the Fourth Board of Appeal of 6 July 2006 (R0372/2006-4); |
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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.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).