Source: EURLEX
Language: en
Format: md

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| 6.12.2008 | EN | Official Journal of the European Union | C 313/37 |

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Action brought on 15 September 2008 — Nadine Trautwein Rolf Trautwein v OHIM (Representation of a horse)

(Case T-386/08)

(2008/C 313/67)

Language in which the application was lodged: German

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research Development (Leopoldshohe, Germany) (represented by C. Czychowski, A. Nordemann and A. Dustmann)

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 7 July 2008 in Case R 1730/2007-1 together with the decision of the examiner of 25 September 2007 and |

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| — | to authorise the publication of the application for the registration of Community trade mark 4829354; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Representation of a horse for goods in Classes 18, 25 and 31 — Application No 4 829 354

Decision of the Examiner: 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 Council Regulation No 40/94 as the trade mark applied for is neither directly nor exclusively descriptive, and has a sufficiently distinctive character.

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