CELEX: 62011TN0263
Language: en
Date: 2011-05-23 00:00:00
Title: Case T-263/11: Action brought on 23 May 2011 — Bopp v OHIM (Octagon with green sides)

13.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 238/19
            
         Action brought on 23 May 2011 — Bopp v OHIM (Octagon with green sides)
   (Case T-263/11)
   2011/C 238/34
   Language of the case: German
   
      Parties
   
   
      Applicant: Carsten Bopp (Glashütten, Germany) (represented by C. Russ, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2011 in Case R 605/2010-4.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Figurative mark consisting of an octagon with green sides — application No 8 248 965.
   
      Decision of the Examiner: Registration refused.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for is distinctive on account of the identifiable, spatial representation.