Source: EURLEX
Language: en
Format: md

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| 3.6.2006 | EN | Official Journal of the European Union | C 131/44 |

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Action brought on 29 March 2006 — Neoperl v OHIM

(Case T-97/06)

(2006/C 131/82)

Language of the case: German

Parties

Applicant: Neoperl GmbH (Müllheim, Germany) (represented by H. Börjes-Pestalozza, lawyer)

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

Form of order sought

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| — | annul contested Decision R 0612/2005-4 and order the Office for Harmonisation in the Internal Market to publish application No 3 636 206 for the purposes of its registration as a Community trade mark. |

Pleas in law and main arguments

Community trade mark concerned: Three dimensional mark ‘Sanitärschlauch’ — shape of a tube — for goods in Classes 11 and 17 — Application No 3 636 206.

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The mark applied for has the necessary distinctive character for the purposes of Article 7(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2006131EN.01004401-E0001).

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