Source: EURLEX
Language: en
Format: md

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| 21.2.2009 | EN | Official Journal of the European Union | C 44/49 |

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Action brought on 25 November 2008 — Nadine Trautwein Rolf Trautwein v OHIM (Hunter)

(Case T-505/08)

(2009/C 44/87)

Language of the case: German

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshöhe, Germany) (represented by C. Czychowski, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 September 2008 in Case R 1733/2007-1, as well as the decision of the examiner of 17 October 2007 and admit Community trade mark application No 4829347 for publication; and |

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

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘Hunter’ for goods in classes 18 and 25 (Application No 4 829 347)

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2009044EN.01004902-E0001), in that the trade mark neither can be denied the necessary distinctive character nor involves a descriptive indication.

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