Source: EURLEX
Language: en
Format: md

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| 1.5.2009 | EN | Official Journal of the European Union | C 102/18 |

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Action brought on 9 February 2009 — Deutsche Behindertenhilfe — Aktion Mensch v OHIM

(Case T-47/09)

2009/C 102/29

Language in which the application was lodged: German

Parties

Applicant: Deutsche Behindertenhilfe — Aktion Mensch (Mainz, Germany) (represented by V. Töbelmann and A. Piltz, lawyers)

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 27 November 2008 in Case R 1094/2008-1; |

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

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘diegesellschafter.de’ for services in Classes 35 and 41 (application No 4 606 372)

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) NO 40/94,[(1)](#ntr1-C_2009102EN.01001802-E0001) since the marks cited have the required distinctive character and there is no requirement to keep the mark free.

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