Source: EURLEX
Language: en
Format: md

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| 5.10.2015 | EN | Official Journal of the European Union | C 328/9 |

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Action brought on 22 June 2015 — DIMA Verwaltungs v OHIM (Shape of a container)

(Case T-326/15)

(2015/C 328/08)

Language of the case: German

Parties

Applicant: DIMA Verwaltungs GmbH (Hamburg, Germany) (represented by: T. Kerkhoff, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Details of the proceedings before OHIM

Trade mark at issue: Three-dimensional Community trade mark (Shape of a container) — Application for registration No 12 649 174

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 20 April 2015 in Case R 2567/2014-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | order the defendant to resume the registration procedure; |

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| — | in the alternative, declare that Article 7(1)(b) of Regulation No 207/2009 does not preclude the registration and refer the case back to the Board of Appeal; |

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| — | order OHIM to pay the costs. |

Plea in law

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| — | Infringement of Article 7(1)(b) of Regulation No 207/2009. |

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