Source: EURLEX
Language: en
Format: md

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| 3.7.2010 | EN | Official Journal of the European Union | C 179/46 |

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Action brought on 29 April 2010 — Apotheke DocMorris v OHIM (Representation of a green and white cross)

(Case T-196/10)

(2010/C 179/81)

Language of the case: German

Parties

Applicant: Apotheke DocMorris Holding GmbH (Stuttgart, Germany) (represented by Y. Dick, 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 23 February 2010 in Case R 470/2009-4; |

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

Pleas in law and main arguments

Community trade mark concerned: Figurative mark representing a green and white cross, in respect of goods and services in Classes 3, 5, 8, 9, 10, 11, 16, 21, 25, 29, 30, 32, 35-42 and 44 — Application No 5 930 979.

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 (EC) No 207/2009 [(1)](#ntr1-C_2010179EN.01004602-E0001), as the Board of Appeal’s assessment in relation to establishing distinctiveness was incorrect in a number of respects.

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