Source: EURLEX
Language: en
Format: md

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| 29.8.2009 | EN | Official Journal of the European Union | C 205/44 |

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Action brought on 26 June 2009 T-254/09 — Wilo SE v OHI (Representation of a green casing)

(Case T-254/09)

2009/C 205/81

Language in which the application was lodged: German

Parties

Applicant: Wilo SE (Dortmund, Germany) (represented by G. Braun)

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 Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2009 in Case R 1196/2008-1; |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: a figurative mark, which represents a green casing

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) of Council Regulation (EC) No 40/94 (now Article 7(1)(b) of Council Regulation (CE) No 207/2009[(1)](#ntr1-C_2009205EN.01004402-E0001)) as the mark applied for has the requisite distinctive character

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