Source: EURLEX
Language: en
Format: md

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| 6.10.2007 | EN | Official Journal of the European Union | C 235/21 |

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Action brought on 1 August 2007 — TridonicAtco v OHIM (Intelligent Voltage Guard)

(Case T-297/07)

(2007/C 235/38)

Language of the case: German

Parties

Applicant: TridonicAtco GmbH & Co KG (Dornbirn, Austria) (represented by L. Wiltschek, lawyer)

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

Form of order sought

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| — | Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 May 2007 (Case R 108/2007-2) to the effect that the international word and figurative mark No 874 778 ‘Intelligent Voltage Guard’ is registered for protection in the European Community; |

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| — | in the alternative, annul the contested decision and refer the case back to OHIM; |

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| — | order OHIM to pay the costs of the appeal proceedings and the proceedings before the Court of First Instance. |

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘Intelligent Voltage Guard’ for goods in Classes 9 and 11 (international registration No W 874 778)

Decision of the Examiner: Rejection of the registration

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007235EN.01002101-E0001), on the basis that the trade mark ‘Intelligent Voltage Guard’ has a distinctive character.

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