CELEX: 62011TN0323
Language: en
Date: 2011-06-21 00:00:00
Title: Case T-323/11: Action brought on 21 June 2011 — UCP Backus y Johnston v OHIM (Shape of a bottle)

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