Source: EURLEX
Language: en
Format: md

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| 8.2.2014 | EN | Official Journal of the European Union | C 39/26 |

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Action brought on 9 December 2013 — Enercon v OHIM (Shades of the colour green)

(Case T-655/13)

2014/C 39/47

Language of the case: German

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by R. Böhm, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 September 2013 in Case R 0247/2013-1; |

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

Pleas in law and main arguments

Community trade mark concerned: the figurative mark representing shades of the colour green for goods in Classes 7, 16 and 28 — Community trade mark application No 11055811

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009

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