29.8.2009
EN
Official Journal of the European Union
C 205/45
Action brought on 6 July 2009 — i-content Ltd Zweigniederlassung Deutschland v OHIM (BETWIN)
(Case T-258/09)
2009/C 205/82
Language in which the application was lodged: German
Parties
Applicant: i-content Ltd Zweigniederlassung Deutschland (Berlin, Germany) (represented by A. Nordermann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—
Annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2009 in appeal case R 1528/2008-4 concerning Community trade mark application No 006849641 — word mark: BETWIN — and the earlier decision of the Office of 10 September 2008 concerning Community trade mark application No 006849641 — word mark: BETWIN;
—
Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: word mark ‘BETWIN’ for services in Classes 35, 38 and 41 (application No 6849641)
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 Council Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Council Regulation (CE) No 207/2009 (1)) as the mark applied for has the requisite distinctive character and there is no need to maintain it in the public domain; Infringement of Article 79 of Regulation (EC) No 207/2009, the principle of equal treatment in connection with Articles 6 and 14 ECHR; infringement of Article 49 EC
(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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