Source: EURLEX
Language: en
Format: md

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| 19.6.2010 | EN | Official Journal of the European Union | C 161/45 |

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Action brought on 9 April 2010 — Air France v OHIM (Representation of a parallelogram)

(Case T-159/10)

(2010/C 161/71)

Language in which the application was lodged: French

Parties

Applicant: Air France (Roissy Charles de Gaulle, France) (represented by A. Grolée, lawyer)

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

Forms of order sought

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| — | Annulment of the decision of 27 January 2010 of the Second Board of Appeal in Case 1018/2009-2 in so far as it dismissed the application for trade mark No 007576218 for the goods and services which are the subject of this action; |

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| — | Grant registration of the application for Community figurative mark No 007576218 for all goods and services covered by it; |

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| — | Order OHIM to pay the applicant’s costs incurred in the proceedings before OHIM and in the present action, pursuant to Article 87 of the Rules of Procedure. |

Pleas in law and main arguments

Community trade mark concerned: Figurative mark, representing the shape of a parallelogram, for goods and services in Classes 9, 14, 16, 18, 21, 24, 25, 28, 35 to 39 and 41 to 45 (Application No 7 576 218)

Decision of the Examiner: Rejection of the application for registration

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation (EC) No 207/2009 on the Community trade mark, as the mark applied for has the requisite minimum level of distinctiveness.

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