EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62008TN0508
Case T-508/08: Action brought on 24 November 2008 — Bang & Olufsen v OHIM (Representation of a loudspeaker)
Case T-508/08: Action brought on 24 November 2008 — Bang & Olufsen v OHIM (Representation of a loudspeaker)
Case T-508/08: Action brought on 24 November 2008 — Bang & Olufsen v OHIM (Representation of a loudspeaker)
OJ C 19, 24.1.2009, p. 35–35
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
24.1.2009 |
EN |
Official Journal of the European Union |
C 19/35 |
Action brought on 24 November 2008 — Bang & Olufsen v OHIM (Representation of a loudspeaker)
(Case T-508/08)
(2009/C 19/65)
Language of the case: English
Parties
Applicant(s): Bang & Olufsen A/S (Struer, Denmark) (represented by K. Wallberg, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
|
— |
Annul paragraph 2 the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 September 2008 in case R 497/2005-1; and |
|
— |
Order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The three-dimensional mark representing a loudspeaker for goods in classes 9 and 20 — application No 3 354 371
Decision of the examiner: Rejection of the application
Decision of the Board of Appeal: Partial annulment of the decision of the examiner
Pleas in law: Infringement of Article 63(6) of Council Regulation No 40/94 as the Board of Appeal failed to take the necessary measures to comply with the judgment of the Court of Justice; Infringement of Article 7(1)(e)(iii) of Council Regulation No 40/94 as the Board of Appeal wrongly took the view that the Community trade mark concerned is a sign which consists exclusively of a shape which gives substantial value to the goods.