Source: EURLEX
Language: en
Format: md

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| 7.11.2009 | EN | Official Journal of the European Union | C 267/69 |

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Action brought on 24 August 2009 — Fédération Internationale des Logis v OHIM (Brown convex square)

(Case T-329/09)

2009/C 267/126

Language in which the application was lodged: French

Parties

Applicant: Fédération Internationale des Logis (Paris, France) (represented by C. Champagner Katz, 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 OHIM of 11 June 2009 in Case R 0202/2009-1 and allow registration of the trade mark applied for; |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Mark representing a brown convex square for the goods and services in Classes 3, 18, 24, 43 and 44 — Application No 6468722

Decision of the Examiner: Rejection of the application for registration

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009 as the representation of a special and specific square with convex edges in a particular and specific brown colour is distinctive with respect to the goods and services for which registration was sought, in so far as those elements give the mark a particular appearance for those goods and services.

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