21.2.2009
EN
Official Journal of the European Union
C 44/49
Action brought on 21 November 2008 — Mologen v OHIM (dSLIM)
(Case T-504/08)
(2009/C 44/86)
Language of the case: German
Parties
Applicant: Mologen AG (Berlin, Germany) (represented by C. Klages, 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 of 17 September 2008 in Case R 1077/2007-4;
—
order the Office for Harmonisation in the Internal Market to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘dSLIM’ for goods and services in classes 1, 5, 10, 42 and 44 (Application No 5 355 136).
Decision of the Examiner: Rejection of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1), in that the sign neither lacks distinctive character nor involves a descriptive indication.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
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