Source: EURLEX
Language: en
Format: md

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| 21.3.2009 | EN | Official Journal of the European Union | C 69/46 |

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Action brought on 13 January 2009 — Gruber v OHIM (Run the globe)

(Case T-12/09)

(2009/C 69/102)

Language in which the application was lodged: German

Parties

Applicant: Alexander Gruber (Ulm, Germany) (represented by T. Kienle and M. Krinke, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 November 2008 (Case R 1779/2007-1); |

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

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘Run the globe’ for services in Class 41 — Application No 5 154 521

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 40/94[(1)](#ntr1-C_2009069EN.01004602-E0001), as the registered mark has the necessary distinctive character.

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