Source: EURLEX
Language: en
Format: md

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| 6.11.2010 | EN | Official Journal of the European Union | C 301/56 |

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Action brought on 13 September 2010 — Bottega Veneta International v OHIM (Shape of a handbag)

(Case T-409/10)

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2010/C 301/89

Language in which the application was lodged: Italian

Parties

Applicant: Bottega Veneta International Sarl (Luxembourg, Luxembourg) (represented by P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, 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 of 16 June 2010 in Case R 1247/2009-1; |

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| — | Order the Office for Harmonisation in the Internal Market to pay the costs of the present proceedings and the proceedings before the Board of Appeal. |

Pleas in law and main arguments

Community trade mark concerned: Trade mark consisting of a distinctive three-dimensional sign known as the ‘veneta’ bag (application for registration No 6632608) for goods in Class 18 (‘bags and handbags’).

Decision of the Examiner: Refused the application for registration.

Decision of the Board of Appeal: Dismissed the appeal.

Pleas in law: Infringement of Rule 9(3)(a) of Regulation No 2868/95 and Article 7(1)(b) and (3) of Regulation No 207/2009.

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