Source: EURLEX
Language: en
Format: md

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| 23.6.2012 | EN | Official Journal of the European Union | C 184/19 |

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Action brought on 20 April 2012 — Wirtgen v OHIM (Shape of a chisel holder)

(Case T-179/12)

2012/C 184/34

Language of the case: German

Parties

Applicant: Wirtgen GmbH (Windhagen, Germany) (represented by S. Jackermeier, lawyer)

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

Form of order sought

The applicant claims that the Court should:

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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 15 February 2012 in Case R 1923/2011-4; |

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

Pleas in law and main arguments

Community trade mark concerned: the three-dimensional mark in the form of a chisel holder for goods in Class 7 — application No 9 749 631

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 37(3), the second sentence of Article 75, Article 63(2), the first part of Article 76(1) and Article 77(1) of Regulation No 207/2009 and infringement of Article 7(1)(b) of Regulation No 207/2009

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