Source: EURLEX
Language: en
Format: md

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| 14.5.2011 | EN | Official Journal of the European Union | C 145/35 |

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Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)

(Case T-171/11)

2011/C 145/58

Language of the case: German

Parties

Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by V. Mensing, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 January 2011 in Case R 1514/2010-4; |

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| — | Order OHIM to pay the costs, including those incurred in the course of the appeal procedure. |

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘Clampflex’ for goods in Classes 5, 9, 10, 17 and 20

Decision of the Examiner: partial rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2011145EN.01003501-E0001) as the Community trade mark in question has distinctive character and is not descriptive

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