CELEX: 62008TN0547
Language: en
Date: 2008-09-12 00:00:00
Title: Case T-547/08: Action brought on 12 December 2008 — X-Technology Swiss v OHIM (representation of a sock)

7.3.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/31
            
         Action brought on 12 December 2008 — X-Technology Swiss v OHIM (representation of a sock)
   (Case T-547/08)
   (2009/C 55/58)
   Language in which the application was lodged: German
   Parties
   
      Applicant: X-Technology Swiss GmbH (represented by A. Herbertz and R. Jung, lawyers)
   
      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 OHIM of 6 October 2008 in Case R 846/2008-4;
            
         
               —
            
            
               order OHIM to bear its own costs and pay those of the applicant.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Figurative trade mark as ‘other mark — positional mark’ of the colour ‘orange (Pantone 16-1359 TPX)’ for goods in Class 25 (application No 5 658 117).
   
      Decision of the Examiner: Registration refused.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94, (1) since the trade mark applied for fulfils the minimum requirement as to distinctive character.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).