CELEX: 62009TN0282
Language: en
Date: 2009-07-17 00:00:00
Title: Case T-282/09: Action brought on 17 July 2009 — Fédération Internationale des Logis v OHIM

12.9.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 220/40
            
         Action brought on 17 July 2009 — Fédération Internationale des Logis v OHIM
   (Case T-282/09)
   2009/C 220/84
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Fédération Internationale des Logis (Paris, France) (represented by B. Brisset, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of OHIM of 22 April 2009 in Case R 1511/2008-1 and allow registration of the trade mark applied for;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Figurative mark representing a green square for goods and services in Classes 3, 18, 24, 43 and 44 — Application No 6 468 789
   
      Decision of the Examiner: Rejection of the application for registration
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009, as the representation of a square with convex edges in a particular and specific green colour is distinctive with regard to the goods and services for which the registration was sought, in so far as those elements give the mark a particular appearance for those goods and services.