Source: EURLEX
Language: en
Format: md

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| 13.8.2011 | EN | Official Journal of the European Union | C 238/19 |

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Action brought on 23 May 2011 — Bopp v OHIM (Octagon with green sides)

(Case T-263/11)

2011/C 238/34

Language of the case: German

Parties

Applicant: Carsten Bopp (Glashütten, Germany) (represented by C. Russ, lawyer)

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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2011 in Case R 605/2010-4. |

Pleas in law and main arguments

Community trade mark concerned: Figurative mark consisting of an octagon with green sides — application No 8 248 965.

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for is distinctive on account of the identifiable, spatial representation.

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