Source: EURLEX
Language: en
Format: md

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| 12.9.2009 | EN | Official Journal of the European Union | C 220/39 |

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Action brought on 17 July 2009 — Verband Deutscher Prädikats- und Qualitätsweingüter v OHIM (GG)

(Case T-278/09)

2009/C 220/82

Language in which the application was lodged: German

Parties

Applicant: Verband Deutscher Prädikats- und Qualitätsweingüter eV (Gau-Algesheim, Germany) (represented by N. Schindler, 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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 April 2009 (Case R 1568/2008-1); |

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| — | order OHIM to pay its own costs and those of the applicant. |

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘GG’ for goods in Class 33 (registration application No 6 388 284)

Decision of the Examiner: Refusal to register

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 75 due to a lack of reasons on which the decision was based and of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2009220EN.01003901-E0001), since the trade mark applied for has the requisite distinctive character and there is no need for it to be allowed to remain available.

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