Source: EURLEX
Language: en
Format: md

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| 21.11.2009 | EN | Official Journal of the European Union | C 282/62 |

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Action brought on 2 October 2009 — Rosenruist v OHIM (Representation of two curves crossed at one point inserted on a pocket)

(Case T-388/09)

2009/C 282/115

Language of the case: English

Parties

Applicant(s): Rosenruist — Gestão e serviços, Lda (Funchal, Portugal) (represented by S. Gonzáles Malabia and S. Rizzo, lawyers)

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 Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in case R 237/2009-2; and |

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| — | Order the defendant to pay its own costs and those of the applicant |

Pleas in law and main arguments

Community trade mark concerned: The mark representing two curves crossed at one point inserted on a pocket for goods and services in classes 18 and 25

Decision of the examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation 40/94 (which became Article 7(1)(b) of Council Regulation 207/2009) as the Board of Appeal wrongly found that the Community trade mark concerned lacked inherent distinctiveness.

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