Source: EURLEX
Language: en
Format: md

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| 18.4.2009 | EN | Official Journal of the European Union | C 90/34 |

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Action brought on 17 February 2009 — hofherr communikation v OHIM (NATURE WATCH)

(Case T-77/09)

2009/C 90/53

Language of the case: English

Parties

Applicant: hofherr communikation GmbH (Innsbruck, Austria) (represented by S. Warbek, 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) of 4 December 2008 in case R 1410/2008-1 and allow registration of the trade mark applied for; and |

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| — | Order OHIM to pay the legal costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark “NATURE WATCH” for goods and services in classes 9, 39, 41 and 43 — international registration No WOO 957 541

Decision of the examiner: Refusal to register the mark applied for as a Community trade mark

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and 7(1)(c) of Council Regulation No 40/94 as the Board of Appeal wrongly concluded that the trade mark applied for is a descriptive one and, furthermore, that the trade mark applied for lacks distinctive character.

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