Source: EURLEX
Language: en
Format: md

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| 26.4.2008 | EN | Official Journal of the European Union | C 107/33 |

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Action brought on 18 February 2008 — Baldesberger v OHIM (shape of tweezers)

(Case T-78/08)

(2008/C 107/56)

Language in which the application was lodged: German

Parties

Applicant: Fides B. Baldesberger (Lugano, Switzerland) (represented by F. Nielsen, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 12 December 2007 (Case R 1405/2007-4); |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional mark depicting tweezers, for goods in class 8 (application No 5 480 108).

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008107EN.01003303-E0001), as the mark applied for has the requisite distinctive character.

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