This document is an excerpt from the EUR-Lex website
Document 62009TN0254
Case T-254/09: Action brought on 26 June 2009 T-254/09 — Wilo SE v OHI (Representation of a green casing)
Case T-254/09: Action brought on 26 June 2009 T-254/09 — Wilo SE v OHI (Representation of a green casing)
Case T-254/09: Action brought on 26 June 2009 T-254/09 — Wilo SE v OHI (Representation of a green casing)
OJ C 205, 29.8.2009, p. 44–45
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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29.8.2009 |
EN |
Official Journal of the European Union |
C 205/44 |
Action brought on 26 June 2009 T-254/09 — Wilo SE v OHI (Representation of a green casing)
(Case T-254/09)
2009/C 205/81
Language in which the application was lodged: German
Parties
Applicant: Wilo SE (Dortmund, Germany) (represented by G. Braun)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2009 in Case R 1196/2008-1; |
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Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: a figurative mark, which represents a green casing
Decision of the Examiner: rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Council Regulation (EC) No 40/94 (now Article 7(1)(b) of Council Regulation (CE) No 207/2009 (1)) as the mark applied for has the requisite distinctive character
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).