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Document C2004/284/44

    Case T-358/04: Action brought on 30 August 2004 by Georg Neumann GmbH, Berlin against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    ĠU C 284, 20.11.2004, p. 22–22 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    Date of document:
    20/11/2004; Data tal-pubblikazzjoni
    Author:
    Il-Qorti tal-Prim’Istanza
    Form:
    Informazzjoni ġudizzjarja

    20.11.2004   

    EN

    Official Journal of the European Union

    C 284/22

    Action brought on 30 August 2004 by Georg Neumann GmbH, Berlin against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-358/04)

    (2004/C 284/44)

    Language of the case: German

    An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 30 August 2004 by Georg Neumann GmbH, Berlin, Berlin (Germany), represented by R. Böhm, lawyer.

    The applicant claims that the Court should:

    —

    annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 June 2004 in Case R 919/2002-2;

    —

    order the defendant to pay the costs.

    Pleas in law and main arguments:

    Community trade mark applied for:

    Three-dimensional trade mark in the form of a microphone head grill in respect of goods in Class 9 (Microphones) — Application No 493 643

    Decision contested before the Board of Appeal:

    Refusal of the application by the examiner

    Decision of the Board of Appeal:

    Dismissal of the appeal

    Pleas in law:

    —

    The contested decision infringes Article 7(1) of Regulation (EC) No 40/94.

    —

    The trade mark applied for is distinctive.
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