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Document C2005/045/54

Case T-439/04: Action brought on 5 November 2004 by Eurohypo AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

ĠU C 45, 19.2.2005, p. 24–24 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

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)
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