Source: EURLEX
Language: en
Format: md

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| 30.1.2010 | EN | Official Journal of the European Union | C 24/62 |

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Action brought on 30 November 2009 — medi v OHIM (medi)

(Case T-470/09)

2010/C 24/110

Language in which the application was lodged: German

Parties

Applicant: medi GmbH & Co. KG (Bayreuth, Germany) (represented by H. Lindner und D. Terheggen, lawyers)

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 (OHIM) of 1 October 2009 in Case R 692/2008-4, insofar as the complaint was dismissed; |

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| — | annul OHIM’s Decision of 26 February 2008 to refuse Community trade mark application No 5 378 021; |

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| — | allow publication in full of Community trade mark application No 5 378 021; |

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| — | order OHIM to pay the costs of the proceedings. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘medi’ for goods and services in Classes 1, 3, 5, 9, 10, 17, 35, 38, 39, 41, 42 and 44 (Application No 5 378 021)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Partial annulment of the Examiner’s Decision

Pleas in law: Wrong application of Article 7(1)(b) of Regulation No 207/2009,[(1)](#ntr1-C_2010024EN.01006202-E0001) because the mark concerned does have the distinctive character required

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