Source: EURLEX
Language: en
Format: md

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| 29.8.2009 | EN | Official Journal of the European Union | C 205/46 |

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Action brought on 7 July 2009 — Mannatech v OHIM (BOUNCEBACK)

(Case T-263/09)

2009/C 205/84

Language of the case: English

Parties

Applicant(s): Mannatech, Inc. (Coppell, United States) (represented by R. Niebel and C. Steuer, lawyers)

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 (Trade Marks and Designs) of 26 March 2009 in case R 100/2009-1; and |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark “BOUNCEBACK” for goods in class 5

Decision of the examiner: Refused the applicant’s trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (2) of Council Regulation 207/2009 as the Board of Appeal erred in its application of the legal standards laid down in the said legal provisions.

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