Source: EURLEX
Language: en
Format: md

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| 6.11.2010 | EN | Official Journal of the European Union | C 301/43 |

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Action brought on 7 September 2010 — Continental Bulldog Club Deutschland v OHIM

(Case T-383/10)

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2010/C 301/69

Language in which the application was lodged: German

Parties

Applicant: Continental Bulldog Club Deutschland eV (Berlin, Germany) (represented by S. Vollmer, lawyer)

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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 June 2010 in Case R 300/2010-1; |

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| — | In the alternative, annul the contested decision, in so far as it concerns goods and services in Class 44; |

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| — | Order the defendant to pay the costs of the proceedings, including those of the proceedings before the Board of Appeal. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘CONTINENTAL’ for goods in Classes 31 and 44.

Decision of the Examiner: Registration was refused.

Decision of the Board of Appeal: The appeal was dismissed.

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2010301EN.01004301-E0001) since the Community trade mark in question is distinctive and is not descriptive.

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