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5.12.2009 |
EN |
Official Journal of the European Union |
C 297/31 |
Action brought on 9 October 2009 — Deutsche Bahn v OHIM (Combination of the colours grey and red)
(Case T-404/09)
2009/C 297/47
Language in which the application was lodged: German
Parties
Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Forms of order sought
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Annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2009 (Case R 379/2009-1); |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: A trade mark consisting of the combination of the colours grey and red for services in Class 39 (Application No 6 733 315)
Decision of the Examiner: Application refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: In its assessment of the mark applied for, the Office for Harmonisation in the Internal Market applied criteria which are inconsistent with the case-law of the Court of First Instance; it was, in particular, ignored that different criteria are applicable to the registration of colour marks for services than for goods.