Source: EURLEX
Language: en
Format: md

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| 7.11.2009 | EN | Official Journal of the European Union | C 267/68 |

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Action brought on 14 August 2009 — skytron energy v OHIM (arraybox)

(Case T-321/09)

2009/C 267/123

Language in which the application was lodged: German

Parties

Applicant: skytron energy GmbH & Co. KG (Berlin, Germany) (represented by H.-J. Omsels, 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 of 4 June 2009 in Case R 1680/2008-1; |

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| — | In the alternative, refer the case back to the Office for Harmonisation in the Internal Market; |

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| — | Order the Office for Harmonisation in the Internal Market to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘arraybox’ for goods and services in Classes 9, 37, 38 and 42 (application No 6 710 479)

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009[(1)](#ntr1-C_2009267EN.01006801-E0001) as the sign applied for is not descriptive and has the requisite distinctive character.

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