21.2.2009
EN
Official Journal of the European Union
C 44/64
Action brought on 17 December 2008 — Monoscoop v OHIM (SUDOKU SAMURAI BINGO)
(Case T-564/08)
(2009/C 44/108)
Language in which the application was lodged: Spanish
Parties
Applicant: Monoscoop BV (Alkmaar, Netherlands) (represented by A. Canela Giménez, 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 (OHIM) of 30 September 2008, in Case R 816/2008-2; and
—
order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘SUDOKU SAMURAI BINGO’ (Application for registration No 5.769.013) for goods and services in classes 9, 28 and 41.
Decision of the Examiner: Rejection of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Incorrect application of Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 40/94 on the Community trade mark.
Full & Egal Universal Law Academy