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.
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