CELEX: 62009TN0202
Language: en
Date: 2009-05-25 00:00:00
Title: Case T-202/09: Action brought on 25 May 2009 — Heinrich Deichmann-Schuhe GmbH& Co. v OHIM (Representation of a curved band with dotted lines)

1.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 180/55
            
         Action brought on 25 May 2009 — Heinrich Deichmann-Schuhe GmbH& Co. v OHIM (Representation of a curved band with dotted lines)
   (Case T-202/09)
   2009/C 180/103
   Language in which the application was lodged: Gemran
   
      Parties
   
   
      Applicant: Heinrich Deichmann-Schuhe GmbH& Co. (Essen, Germany) (represented by C. Rauscher, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 April 2009 in Case R 224/2007-4; and
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Figurative mark representing a curved band with dotted lines for goods in Classes 10 and 24 (International Registration designating the European Community, No W 0881226)
   
      Decision of the Examiner: Refusal of protection
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation No 207/2009 (1)) in finding the mark to be devoid of any distinctive character
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).