29.8.2009 |
EN |
Official Journal of the European Union |
C 205/44 |
Action brought on 26 June 2009 — Wilo SE v OHIM (shape of a motor casing)
(Case T-253/09)
2009/C 205/80
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
— |
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 1184/2008-1; |
— |
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 three-dimensional mark representing the casing of a motor of a heating pump, for goods in Classes 7 and 11 (Application No 5 805 692)
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).