Asunto T-441/05: Recurso interpuesto el 16 de diciembre de 2005 — IVG Immobilien/OAMI

• Jurisdiction: European Union
• Published date: 11 March 2006
• Celex Number: C2006/060/80

11.3.2006 EN Official Journal of the European Union C 60/41

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Action brought on 16 December 2005 — IVG Immobilien AG v OHIM

(Case T-441/05)

(2006/C 60/80)

Language in which the application was lodged: German

Parties

Applicant: IVG Immobilien AG (Bonn, Germany) (represented by A. Okonek and U. Karpenstein, lawyers)

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 OHIM of 1 September 2005 in Case R 559/2004-4 concerning Community trade mark application No 2 927 788 and order the defendant to register the ‘I’ mark for all goods and services applied for;

— order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The figurative ‘I’ mark for services in Classes 35, 36, 37, 39, 42 and 43 — Application No 2 927 788

Decision of the Examiner: Dismissal of the application for all services applied for

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94, on the ground that the Board of Appeal overestimated the requirements for the distinctive character of letters. In addition it is incorrect that the stylised graphic representation of the large 'I' in Königsblau is without evocative force for the relevant public.

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