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Document 62009TN0254

Case T-254/09: Action brought on 26 June 2009 T-254/09 — Wilo SE v OHI (Representation of a green casing)

SL 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)

Date of document:
26/06/2009
Date lodged:
26/06/2009
Author:
Sud prvog stupnja
Form:
Pravosudna informacija
Authentic language:
njemački
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Instruments cited in case law:
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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

—

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;

—

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).

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