CELEX: 62008TN0508
Language: en
Date: 2008-11-24 00:00:00
Title: Case T-508/08: Action brought on 24 November 2008 — Bang & Olufsen v OHIM (Representation of a loudspeaker)

24.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/35
            
         Action brought on 24 November 2008 — Bang & Olufsen v OHIM (Representation of a loudspeaker)
   (Case T-508/08)
   (2009/C 19/65)
   Language of the case: English
   Parties
   
      Applicant(s): Bang & Olufsen A/S (Struer, Denmark) (represented by K. Wallberg, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul paragraph 2 the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 September 2008 in case R 497/2005-1; and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The three-dimensional mark representing a loudspeaker for goods in classes 9 and 20 — application No 3 354 371
   
      Decision of the examiner: Rejection of the application
   
      Decision of the Board of Appeal: Partial annulment of the decision of the examiner
   
      Pleas in law: Infringement of Article 63(6) of Council Regulation No 40/94 as the Board of Appeal failed to take the necessary measures to comply with the judgment of the Court of Justice; Infringement of Article 7(1)(e)(iii) of Council Regulation No 40/94 as the Board of Appeal wrongly took the view that the Community trade mark concerned is a sign which consists exclusively of a shape which gives substantial value to the goods.