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Document C2005/093/66

    Case T-45/05: Action brought on 31 January 2005 by Micronas GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    OJ C 93, 16.4.2005, p. 35–35 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    16.4.2005   

    EN

    Official Journal of the European Union

    C 93/35

    Action brought on 31 January 2005 by Micronas GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-45/05)

    (2005/C 93/66)

    Language of the case: German

    An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 31 January 2005 by Micronas GmbH, Freiburg i.Br., Germany, represented by G. Herr, lawyer.

    The applicant claims that the Court should:

    —

    annul the decision of the Second Board of Appeal of 12 November 2004 (Decision R 366/2004-2-3D-Panorama) refusing to register the Community trade mark ‘3D-Panorama’ for Class 9 ‘electronic circuits, integrated circuits, and in particular semiconductor chips’;

    —

    order the defendant to pay the costs of the proceedings.

    Pleas in law and main arguments

    Applicant for Community trade mark:

    Micronas GmbH.

    Community trade mark sought:

    The word mark ‘3D Panorama’ for Class 9 goods (consumer electronics, in particular TV sets, video recorders, radios, electronic circuits, integrated circuits, and in particular semiconductor chips; software) — Registration No 2871218.

    Decision of the examiner contested before the Board of Appeal:

    Refusal to register the mark for all of the goods applied for.

    Decision of the Board of Appeal:

    Dismissal of the appeal.

    Pleas in law:

    The contested decision infringes Article 7(1)(b) and (c) of Regulation (EC) No 40/94, because as far as ‘electronic circuits, integrated circuits, and in particular semiconductor chips’ are concerned, the word combination 3D-Panorama neither consists exclusively of signs or indications nor is devoid of distinctive character.
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