30.9.2006   

EN

Official Journal of the European Union

C 237/13


Action brought on 17 August 2006 — PTV v OHIM (map&guide travelbook)

(Case T-219/06)

(2006/C 237/23)

Language of the case: German

Parties

Applicant: PTV Planung Transport Verkehr AG (Karlsruhe, Germany) (represented by F. Nielsen, lawyer)

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

Forms of order sought

set aside the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 8 June 2006 (Appeal case number: R 1174/2005-1);

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘map&guide travelbook’ for goods and services in Classes 9, 16 and 42.

Decision of the Examiner: Partial dismissal of the application.

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

Pleas in law: The mark applied for does have distinctive character for the purposes of Article 7(1)(b) of Regulation (EC) No 40/94 (1).


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


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