CELEX: 62009TN0022
Language: en
Date: 2009-01-20 00:00:00
Title: Case T-22/09: Action brought on 20 January 2009 — Katjes Fassin v OHIM (shape of a panda face)

21.3.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 69/49
            
         Action brought on 20 January 2009 — Katjes Fassin v OHIM (shape of a panda face)
   (Case T-22/09)
   (2009/C 69/107)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by T. Schmitz, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   Form of order sought
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 in Case R 1299/2006-4;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: a three-dimensional mark, showing a chocolate panda face, for goods in Class 30 — Application No 4 505 161
   
      Decision of the Examiner: Refusal of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Regulation No 40/94 (1), as the registered mark has the necessary distinctive character.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).