Source: EURLEX
Language: en
Format: md

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| 24.10.2009 | EN | Official Journal of the European Union | C 256/27 |

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Action brought on 29 July 2009 — Gühring v OHIM (combination of the colours broom yellow and silver grey)

(Case T-299/09)

2009/C 256/51

Language in which the application was lodged: German

Parties

Applicant: Gühring OHG (Albstadt, Germany) (represented by: A. von Mühlendahl and H. Hartwig, 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 OHIM of 30. April 2009 in Case R 1330/2008-1; |

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| — | Annul the decision of the defendant’s Examination Division dated 21 July 2008, in which it refused registration of the applicant’s mark Nr. 6 703 581; |

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| — | Declare, that the trade mark applied for No. 6 703 581 complies with the conditions laid down in Article 7(1)(b) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2009256EN.01002703-E0001);  in the alternative, |

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| — | Annul the decision of the First Board of Appeal of OHIM of 30. April 2009 in Case R 1330/2008-1; |

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| — | Order the defendant to pay the costs, including those incurred by the applicant before the Board of Appeal. |

Pleas in law and main arguments

Community trade mark concerned: a mark made up of a combination of the colours of broom yellow and silver grey for goods in Class 7 (registration application No. 6 703 581)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009, because the trade mark applied for has a distinctive character. In addition, infringement of procedural law, in particular of Articles 75 and 76(1) of Regulation No 207/2009

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