19.2.2005 |
EN |
Official Journal of the European Union |
C 45/24 |
Action brought on 5 November 2004 by Eurohypo AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-439/04)
(2005/C 45/54)
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 5 November 2004 by Eurohypo AG, Eschborn (Germany), represented by M. Kloth, Hamburg (Germany), lawyer, with an address for service in Luxembourg.
The applicant claims that the Court should:
— |
annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 August 2004 (Case R-829/2002-4), in so far as it dismisses the appeal; |
— |
order the defendant to pay the costs. |
Pleas in law and main arguments
Applicant for the Community trade mark |
The applicant |
The trade mark applied for: |
The word mark EUROHYPO for services in Class 36 (financial affairs; monetary affairs; real estate affairs; provision of financial services; financing; financial analysis; investment affairs; insurance affairs) |
Decision of the examiner: |
Rejection of the application in respect of all services |
Decision of the Board of Appeal: |
Annulment of the contested decision with regard to the services financial analysis, investment affairs, insurance affairs in Class 36. Dismissal of the remainder of the appeal. |
Pleas in law: |
Infringement of the first sentence of Article 74(1) of Regulation (EC) No 40/94 Misinterpretation of Article 7(1)(b) |