1.8.2009
EN
Official Journal of the European Union
C 180/55
Action brought on 25 May 2009 — Heinrich Deichmann-Schuhe GmbH& Co. v OHIM (Representation of a curved band with dotted lines)
(Case T-202/09)
2009/C 180/103
Language in which the application was lodged: Gemran
Parties
Applicant: Heinrich Deichmann-Schuhe GmbH& Co. (Essen, Germany) (represented by C. Rauscher, 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 3 April 2009 in Case R 224/2007-4; and
—
Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: Figurative mark representing a curved band with dotted lines for goods in Classes 10 and 24 (International Registration designating the European Community, No W 0881226)
Decision of the Examiner: Refusal of protection
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation No 207/2009 (1)) in finding the mark to be devoid of any distinctive character
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
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