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Document 62008TN0508

    Case T-508/08: Action brought on 24 November 2008 — Bang & Olufsen v OHIM (Representation of a loudspeaker)

    SL C 19, 24.1.2009, p. 35–35 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    24.1.2009   

    EN

    Official Journal of the European Union

    C 19/35

    Action brought on 24 November 2008 — Bang & Olufsen v OHIM (Representation of a loudspeaker)

    (Case T-508/08)

    (2009/C 19/65)

    Language of the case: English

    Parties

    Applicant(s): Bang & Olufsen A/S (Struer, Denmark) (represented by K. Wallberg, lawyer)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    Form of order sought

    —

    Annul paragraph 2 the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 September 2008 in case R 497/2005-1; and

    —

    Order OHIM to pay the costs.

    Pleas in law and main arguments

    Community trade mark concerned: The three-dimensional mark representing a loudspeaker for goods in classes 9 and 20 — application No 3 354 371

    Decision of the examiner: Rejection of the application

    Decision of the Board of Appeal: Partial annulment of the decision of the examiner

    Pleas in law: Infringement of Article 63(6) of Council Regulation No 40/94 as the Board of Appeal failed to take the necessary measures to comply with the judgment of the Court of Justice; Infringement of Article 7(1)(e)(iii) of Council Regulation No 40/94 as the Board of Appeal wrongly took the view that the Community trade mark concerned is a sign which consists exclusively of a shape which gives substantial value to the goods.

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