Source: EURLEX
Language: en
Format: md

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| 5.12.2009 | EN | Official Journal of the European Union | C 297/29 |

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Action brought on 6 October 2009 — Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg v OHIM (Figurative mark representing a coat of arms)

(Case T-397/09)

2009/C 297/42

Language in which the application was lodged: German

Parties

Applicant: Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg (Hanover, Germany) (represented by R. Stötzel and J. Hilger, lawyers)

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

Forms of order sought

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| — | Annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2009 in Case R 1361/2008-1 concerning the application for Community trade mark No 5 627 245 and admission of the application for Community trade mark No 5 627 245 for publication in the Community Trade Marks Bulletin; |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The colour figurative mark representing a coat of arms for goods and services in Classes 16, 25, 28, 2, 33, 35, 39, 41 and 43 (Application No 5 627 245)

Decision of the Examiner: Application refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Inter alia, infringement of Article 7(1)(h) of Regulation No 207/2009[(1)](#ntr1-C_2009297EN.01002901-E0001), since the mark applied for is neither identical with the opposing royal emblem nor a heraldic immitation thereof.

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