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Document 62009TN0321
Case T-321/09: Action brought on 14 August 2009 — skytron energy v OHIM (arraybox)
Case T-321/09: Action brought on 14 August 2009 — skytron energy v OHIM (arraybox)
Case T-321/09: Action brought on 14 August 2009 — skytron energy v OHIM (arraybox)
IO C 267, 7.11.2009, p. 68–68
(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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7.11.2009 |
EN |
Official Journal of the European Union |
C 267/68 |
Action brought on 14 August 2009 — skytron energy v OHIM (arraybox)
(Case T-321/09)
2009/C 267/123
Language in which the application was lodged: German
Parties
Applicant: skytron energy GmbH & Co. KG (Berlin, Germany) (represented by H.-J. Omsels, lawyer)
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 the Office for Harmonisation in the Internal Market of 4 June 2009 in Case R 1680/2008-1; |
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In the alternative, refer the case back to the Office for Harmonisation in the Internal Market; |
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Order the Office for Harmonisation in the Internal Market to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘arraybox’ for goods and services in Classes 9, 37, 38 and 42 (application No 6 710 479)
Decision of the Examiner: Registration refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 (1) as the sign applied for is not descriptive and 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).