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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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