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Document 62009TN0022
Case T-22/09: Action brought on 20 January 2009 — Katjes Fassin v OHIM (shape of a panda face)
Case T-22/09: Action brought on 20 January 2009 — Katjes Fassin v OHIM (shape of a panda face)
Case T-22/09: Action brought on 20 January 2009 — Katjes Fassin v OHIM (shape of a panda face)
SL C 69, 21.3.2009, p. 49–49
(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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21.3.2009 |
EN |
Official Journal of the European Union |
C 69/49 |
Action brought on 20 January 2009 — Katjes Fassin v OHIM (shape of a panda face)
(Case T-22/09)
(2009/C 69/107)
Language in which the application was lodged: German
Parties
Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by T. Schmitz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Form of order sought
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— |
annul the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 in Case R 1299/2006-4; |
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order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: a three-dimensional mark, showing a chocolate panda face, for goods in Class 30 — Application No 4 505 161
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 40/94 (1), as the registered mark has the necessary distinctive character.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).