Source: EURLEX
Language: en
Format: md

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| 7.3.2009 | EN | Official Journal of the European Union | C 55/35 |

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Action brought on 16 December 2008 — iPublish Ganske Interactive Publishing v OHIM (representation of a navigational device)

(Case T-555/08)

(2009/C 55/63)

Language in which the application was lodged: German

Parties

Applicant: iPublish Ganske Interactive Publishing GmbH (Hamburg, Germany) (represented by V. Knies, 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 Fourth Board of Appeal of 3 October 2008 in Case R 709/2008-4 and |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional trade mark representing a navigational device in the colours black and blue, characterised inter alia by a blue lateral stripe, for goods and services in Classes 9, 39 and 42 (application No 6 092 639).

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2009055EN.01003501-E0001), since the trade mark applied for has the required distinctive character.

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