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Document C2006/074/49

Case T-460/05: Action brought on 29 December 2005 — Bang & Olufsen/OHIM

OJ C 74, 25.3.2006, p. 26–26 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

25.3.2006   

EN

Official Journal of the European Union

C 74/26

Action brought on 29 December 2005 — Bang & Olufsen/OHIM

(Case T-460/05)

(2006/C 74/49)

Language of the case: English

Parties

Applicant: Bang & Olufsen AS (Struer, Denmark) [represented by: K. Wallberg, lawyer]

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

Form of order sought

—

The decision taken by the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on 22 October 2005 in case No. R0497/2005-1 be annulled and

—

the defendant pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional mark in form of a vertical pencil-shaped loudspeaker on a low pedestal for goods in classes 9 and 20 — application No 3 354 371

Decision of the examiner: Refusal of the application for all the claimed goods

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The mark is in accordance with Article 7(1)(b) of Council Regulation No 40/94 inherently distinctive for all the goods covered by the application and if not so, it has acquired distinctiveness through use in accordance with Article 7(3) of the Regulation.

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