Source: EURLEX
Language: en
Format: md

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| 16.7.2011 | EN | Official Journal of the European Union | C 211/27 |

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Action brought on 9 May 2011 — Kaltenbach & Voigt v OHIM (3D eXam)

(Case T-242/11)

2011/C 211/59

Language of the case: English

Parties

Applicant: Kaltenbach & Voigt GmbH (Biberach an der Riß, Germany) (represented by: M. Graf, 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 Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2011 in case R 2361/2010-2; |

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| — | Order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Community trade mark concerned: The figurative mark in words ‘3D eXam’ for goods in class 10

Decision of the Examiner: Refused the protection of the international registration to the European Union pursuant to Article 7(1)(b), (c) and Article 2 CTMR

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009 and the failure to take into account prior national registrations/grants of protection, as the International registration at issue: (i) is not purely descriptive, and; (ii) exhibits distinctiveness as the relevant public will consider the sign ‘3D eXam’ as an indication of trade origin.

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