CELEX: C2006/074/49
Language: en
Date: 2006-03-25 00:00:00
Title: Case T-460/05: Action brought on  29 December 2005  — Bang & Olufsen/OHIM

25.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 74/26
            
         Action brought on 29 December 2005 — Bang & Olufsen/OHIM
   (Case T-460/05)
   (2006/C 74/49)
   Language of the case: English
   Parties
   
      Applicant: Bang & Olufsen AS (Struer, Denmark) [represented by: K. Wallberg, lawyer]
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               The decision taken by the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on 22 October 2005 in case No. R0497/2005-1 be annulled and
            
         
               —
            
            
               the defendant pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Three-dimensional mark in form of a vertical pencil-shaped loudspeaker on a low pedestal for goods in classes 9 and 20 — application No 3 354 371
   
      Decision of the examiner: Refusal of the application for all the claimed goods
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: The mark is in accordance with Article 7(1)(b) of Council Regulation No 40/94 inherently distinctive for all the goods covered by the application and if not so, it has acquired distinctiveness through use in accordance with Article 7(3) of the Regulation.