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1.8.2009 |
EN |
Official Journal of the European Union |
C 180/55 |
Action brought on 22 May 2009 — Rügen Fisch v OHIM — Schwaaner Fischwaren (SCOMBER MIX)
(Case T-201/09)
2009/C 180/102
Language in which the application was lodged: German
Parties
Applicant: Rügen Fisch AG (Sassnitz, Germany) (represented by: O. Spuhler and M. Geiz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Schwaaner Fischwaren GmbH (Schwaandorf, Germany)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of OHIM of 20 March 2009 in Case R 230/2007-4; |
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order OHIM to pay the costs. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘SCOMBER MIX’ for goods and services in classes 29 and 25 (Community trade mark No 3 227 031)
Proprietor of the Community trade mark: the applicant
Applicant for the declaration of invalidity: Schwaaner Fischwaren GmbH
Decision of the Cancellation Division: dismissal of the application for a declaration of invalidity
Decision of the Board of Appeal: annulment of the decision of the Cancellation Division and partial declaration of invalidity of the Community trade mark
Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009 (1)) on the grounds that the Community trade mark ‘SCOMBER MIX’ is not purely descriptive.
(1) Council Regulation (EC) No 207/2009 as of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)