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14.12.2013 |
EN |
Official Journal of the European Union |
C 367/34 |
Action brought on 8 October 2013 Rosian Express v OHIM (Shape of a box)
(Case T-547/13)
2013/C 367/61
Language of the procedure: Romanian
Parties
Applicant: Rosian Express Srl (Mediaș, Romania) (represented by: E. Grecu, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
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annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |
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order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: three-dimensional mark representing the shape of a box, for goods and services in Classes 28 and 35
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Misinterpretation of Article 7(1)(b) of Regulation No 207/2009