CELEX: 62009TN0253
Language: en
Date: 2009-06-26 00:00:00
Title: Case T-253/09: Action brought on 26 June 2009 — Wilo SE v OHIM (shape of a motor casing)

29.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 205/44
            
         Action brought on 26 June 2009 — Wilo SE v OHIM (shape of a motor casing)
   (Case T-253/09)
   2009/C 205/80
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Wilo SE (Dortmund, Germany) (represented by G. Braun)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2009 in Case R 1184/2008-1;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: a three-dimensional mark representing the casing of a motor of a heating pump, for goods in Classes 7 and 11 (Application No 5 805 692)
   
      Decision of the Examiner: rejection of the application
   
      Decision of the Board of Appeal: dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Council Regulation (EC) No 40/94 (now Article 7(1)(b) of Council Regulation (CE) No 207/2009 (1))as the mark applied for has the requisite distinctive character
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).