Source: EURLEX
Language: en
Format: md

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| 21.3.2009 | EN | Official Journal of the European Union | C 69/46 |

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Action brought on 12 January 2009 — Schunk v OHIM (cylinder-shaped section of a chuck)

(Case T-7/09)

(2009/C 69/101)

Language in which the application was lodged: Germany

Parties

Applicant: Schunk GmbH & Co. KG Spann- und Greiftechnik (Lauffen am Neckar, Germany) (represented by C. Koppe-Zagouras, 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 First Board of Appeal of 31 October 2008 — Case R 1109/2007-1; |

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

Pleas in law and main arguments

Community trade mark concerned: another type of mark, showing the cylinder-shaped section of a chuck, for goods in Classes 7 and 8 — Application No 3 098 894

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 40/94[(1)](#ntr1-C_2009069EN.01004601-E0001), as the registered mark has the necessary distinctive character. Further, the registered mark has distinctive character in consequence of use under Article 7(3) of Regulation No 40/94.

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