Source: EURLEX
Language: en
Format: md

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| 27.9.2008 | EN | Official Journal of the European Union | C 247/17 |

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Action brought on 21 July 2008 — Fidelio KG v OHIM

(Case T-286/08)

(2008/C 247/33)

Language in which the application was lodged: German

Parties

Applicant: Fidelio KG (Linz, Austria) (represented by M. Gail, acting as Agent)

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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 May 2008 (case R 632/2007-4); |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay its own costs as well as those of the applicant. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘Hallux’ for goods in Classes 10, 18 and 25 (Application No 5 245 147).

Decision of the Examiner: Partial refusal of the application.

Decision of the Board of Appeal: Appeal partially upheld.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008247EN.01001702-E0001), as the registered marks concerning the goods ‘orthopaedic article’ and ‘footwear’ do not present any absolute grounds for refusal.

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