CELEX: 62011TN0242R(01)
Language: en
Date: 2011-08-13 00:00:00
Title: Corrigendum to the notice in the Official Journal in Case T-242/11 ( OJ C 211, 16.7.2011, p. 27 )

13.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 238/38
            
         Corrigendum to the notice in the Official Journal in Case T-242/11
   (
         Official Journal of the European Union C 211 of 16 July 2011, p. 27
      )
   2011/C 238/67
   The notice in the Official Journal concerning Case T-242/11, Kaltenbach & Voigt v OHIM (3D eXam), is to read as follows:
   
      Action brought on 9 May 2011 — Kaltenbach & Voigt v OHIM (3D eXam)
      (Case T-242/11)
      2011/C 238/67
      Language of the case: English
      
         Parties
      
      
         Applicant: Kaltenbach & Voigt GmbH (Biberach an der Riß, Germany) (represented by: M. Graf, lawyer)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
      
         Form of order sought
      
      
                  —
               
               
                  Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2011 in case R 2361/2010-2;
               
            
                  —
               
               
                  Order the defendant to pay the costs of the proceedings.
               
            
         Pleas in law and main arguments
      
      
         Community trade mark concerned: The figurative mark in words “3D eXam” for goods in class 10
      
         Decision of the Examiner: Refused the protection of the international registration to the European Union pursuant to Article 7(1)(b), (c) and Article 7(2) CTMR
      
         Decision of the Board of Appeal: Dismissed the appeal
      
         Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009 and the failure to take into account prior national registrations/grants of protection, as the International registration at issue: (i) is not purely descriptive, and; (ii) exhibits distinctiveness as the relevant public will consider the sign “3D eXam” as an indication of trade origin.