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24.10.2009 |
EN |
Official Journal of the European Union |
C 256/28 |
Action brought on 29 July 2009 — Gühring OHG v OHIM (combination of the colours ochre yellow and silver grey)
(Case T-300/09)
2009/C 256/52
Language in which the application was lodged: German
Parties
Applicant: Gühring OHG (Albstadt, Germany) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
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 First Board of Appeal of OHIM of 30. April 2009 in Case R 1329/2008-1; |
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Annul the decision of the defendant’s Examination Division dated 22 July 2008, in which it refused registration of the applicant’s mark Nr. 6 703 565; |
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Declare, that the trade mark applied for No. 6 703 565 complies with the conditions laid down in Article 7(1)(b) of Regulation (EC) No 207/2009 (1); in the alternative, |
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Annul the decision of the First Board of Appeal of OHIM of 30. April 2009 in Case R 1329/2008-1; |
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Order the defendant to pay the costs, including those incurred by the applicant before the Board of Appeal. |
Pleas in law and main arguments
Community trade mark concerned: a mark made up of the combination of the colours of ochre yellow and silver grey for goods in Class 7 (registration application No. 6 703 565)
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Rejection of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009 because the trade mark applied for has a distinctive character. In addition, infringement of procedural law, in particular of Articles 75 and 76 (1) of Regulation No 207/2009
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)