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7.11.2009 |
EN |
Official Journal of the European Union |
C 267/69 |
Action brought on 24 August 2009 — Fédération Internationale des Logis v OHIM (Brown convex square)
(Case T-329/09)
2009/C 267/126
Language in which the application was lodged: French
Parties
Applicant: Fédération Internationale des Logis (Paris, France) (represented by C. Champagner Katz, 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 OHIM of 11 June 2009 in Case R 0202/2009-1 and allow registration of the trade mark applied for; |
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Order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: Mark representing a brown convex square for the goods and services in Classes 3, 18, 24, 43 and 44 — Application No 6468722
Decision of the Examiner: Rejection of the application for registration
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009 as the representation of a special and specific square with convex edges in a particular and specific brown colour is distinctive with respect to the goods and services for which registration was sought, in so far as those elements give the mark a particular appearance for those goods and services.