Source: EURLEX
Language: en
Format: md

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| 4.7.2009 | EN | Official Journal of the European Union | C 153/44 |

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Action brought on 21 April 2009 — Ilink Kommunikationssysteme v OHIM (ilink)

(Case T-161/09)

2009/C 153/87

Language in which the application was lodged: German

Parties

Applicant: Ilink Kommunikationssysteme GmbH (Berlin, Germany) (represented by B. Schütze, lawyer)

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

Form of order sought

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| — | Annul the contested decision of the Office for Harmonisation in the Internal Market of 5 February 2009 in Case R 1849/2007-4; and |

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| — | order the Office for Harmonisation in the Internal Market to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘ilink’ for goods and services in Classes 9, 16, 38 and 42

Decision of the Examiner: Registration refused in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2009153EN.01004402-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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