Source: EURLEX
Language: en
Format: md

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| 27.2.2010 | EN | Official Journal of the European Union | C 51/44 |

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Action brought on 23 December 2009 — Smart Technologies v OHIM (WIR MACHEN DAS BESONDERE EINFACH)

(Case T-523/09)

2010/C 51/80

Language of the case: English

Parties

Applicant(s): Smart Technologies ULC (Calgary, Canada) (represented by: M. Edenborough, Barrister)

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 Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 September 2009 in case R 554/2009-2; |

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| — | In the alternative, alter the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 September 2009 in case R 554/2009-2, to state that the Community trade mark concerned possesses sufficient distinctive character that no objection to its registration may be raised under Article 7(1)(b) of Council Regulation No 207/2009; and |

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| — | Order the defendant to pay the applicant’s costs of and occasioned by this appeal. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘WIR MACHEN DAS BESONDERE EINFACH’ for goods in class 9

Decision of the examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 7(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly found that the Community trade mark concerned was not eligible for registration due to the fact that it is purportedly devoid of any distinctive character.

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