Source: EURLEX
Language: en
Format: md

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| 27.8.2011 | EN | Official Journal of the European Union | C 252/36 |

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Action brought on 21 June 2011 — UCP Backus y Johnston v OHIM (Shape of a bottle)

(Case T-323/11)

2011/C 252/82

Language of the case: Spanish

Parties

Applicant: Unión de Cervecerías Peruanas Backus y Johnston SAA (Lima, Peru) (represented by E. Armijo Chávarri, lawyer)

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

Form of order sought

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| — | Declare the action against the Decision of the Second Board of Appeal of the Office of 23 March 2011 in Case R 2238/2010-2 to be brought in due form and time, and |

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| — | Following the appropriate procedural steps, give judgment annulling the abovementioned decision and expressly order the Office to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional trade mark consisting in the shape of a bottle (application No 8.592.081) for goods in Class 32 (‘beer’)

Decision of the Examiner: Application refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Incorrect interpretation and application of Article 7(1)(b) of Regulation No 207/2009 on the Community trade mark.

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