CELEX: 62008TN0078
Language: en
Date: 2008-02-18 00:00:00
Title: Case T-78/08: Action brought on 18 February 2008 — Baldesberger v OHIM (shape of tweezers)

26.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/33
            
         Action brought on 18 February 2008 — Baldesberger v OHIM (shape of tweezers)
   (Case T-78/08)
   (2008/C 107/56)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Fides B. Baldesberger (Lugano, Switzerland) (represented by F. Nielsen, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
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               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 12 December 2007 (Case R 1405/2007-4);
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Three-dimensional mark depicting tweezers, for goods in class 8 (application No 5 480 108).
   
      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), as the mark applied for has the requisite distinctive character.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).