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Document 62009TN0007
Case T-7/09: Action brought on 12 January 2009 — Schunk v OHIM (cylinder-shaped section of a chuck)
Case T-7/09: Action brought on 12 January 2009 — Schunk v OHIM (cylinder-shaped section of a chuck)
Case T-7/09: Action brought on 12 January 2009 — Schunk v OHIM (cylinder-shaped section of a chuck)
OJ C 69, 21.3.2009, p. 46–46
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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21.3.2009 |
EN |
Official Journal of the European Union |
C 69/46 |
Action brought on 12 January 2009 — Schunk v OHIM (cylinder-shaped section of a chuck)
(Case T-7/09)
(2009/C 69/101)
Language in which the application was lodged: Germany
Parties
Applicant: Schunk GmbH & Co. KG Spann- und Greiftechnik (Lauffen am Neckar, Germany) (represented by C. Koppe-Zagouras, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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annul the decision of the First Board of Appeal of 31 October 2008 — Case R 1109/2007-1; |
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order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: another type of mark, showing the cylinder-shaped section of a chuck, for goods in Classes 7 and 8 — Application No 3 098 894
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1), as the registered mark has the necessary distinctive character. Further, the registered mark has distinctive character in consequence of use under Article 7(3) of Regulation No 40/94.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).