Source: EURLEX
Language: en
Format: md

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| 8.2.2014 | EN | Official Journal of the European Union | C 39/26 |

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Action brought on 6 December 2013 — Gako Konietzko v OHIM (Shape of packaging)

(Case T-654/13)

2014/C 39/46

Language of the case: German

Parties

Applicant: Gako Konietzko GmbH (Bamberg, Germany) (represented by S. Reinhardt, lawyer)

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

Form of order sought

The applicant claims that the Court should:

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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 19 September 2013 in Case R 2232/2012-1; |

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| — | Order the defendant to pay the costs including the costs incurred in the course of the appeal proceedings. |

Pleas in law and main arguments

Community trade mark concerned: the three-dimensional mark, representing the shape of packaging, for goods in Classes 3, 5 and 10 — Community trade mark application No 10899037

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009

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