29.7.2006

Official Journal of the European Union

C 178/35

Action brought on 19 May 2006 — En Route International Limited v OHIM

(Case T-147/06)

(2006/C 178/64)

Language of the case: German

Parties

Applicant: En Route International Limited (Berkshire, United Kingdom) (represented by: W. W. Göpfert, lawyer)

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

Form of order sought

The applicant claims that the Court should:

—	annul the decision of the Fourth Board of Appeal of 7 March 2006 in Case R 352/2005-4;

—	order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'FRESHHH' for goods in Classes 29, 30 and 32 (Application No 3 198 165).

Decision of the Examiner: Rejection of the application.

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

Pleas in law: The mark applied for is registrable; no grounds for refusal under Article 7(1)(b) and (c) or Article 7(2) of Regulation (EC) No 40/94 (1) stand in the way of its registration.

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