Source: EURLEX
Language: en
Format: md

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| 15.1.2011 | EN | Official Journal of the European Union | C 13/29 |

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Action brought on 1 November 2010 — Hamberger Industriewerke v OHIM (Atrium)

(Case T-513/10)

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2011/C 13/57

Language in which the application was lodged: German

Parties

Applicant: Hamberger Industriewerke GmbH (Stephanskirchen, Germany) (represented by T. Schmidpeter, 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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 August 2010 in Case R 291/2010-4; |

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| — | Order the defendant to pay the costs, including the costs incurred in the course of the appeal procedure. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘Atrium’ for goods in Classes 19 and 27.

Decision of the Examiner: Application refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2011013EN.01002902-E0001), as the Community trade mark concerned is distinctive and not merely descriptive.

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