5.10.2015
EN
Official Journal of the European Union
C 328/12
Action brought on 14 July 2015 — DIMA Verwaltungs v OHIM (Shape of a container)
(Case T-383/15)
(2015/C 328/11)
Language of the case: German
Parties
Applicant: DIMA Verwaltungs GmbH (Hamburg, Germany) (represented by: T. Kerkhoff, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Details of the proceedings before OHIM
Trade mark at issue: Three-dimensional Community trade mark (Shape of a container) — Application for registration No 12 649 364
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 27 March 2015 in Case R 2568/2014-5
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision;
—
order the defendant to resume the registration procedure;
—
in the alternative, declare that Article 7(1)(b) of Regulation No 207/2009 does not preclude the registration and refer the case back to the Board of Appeal;
—
order OHIM to pay the costs.
Plea in law
—
Infringement of Article 7(1)(b) of Regulation No 207/2009.
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