|
26.4.2008 |
EN |
Official Journal of the European Union |
C 107/33 |
Action brought on 18 February 2008 — Baldesberger v OHIM (shape of tweezers)
(Case T-78/08)
(2008/C 107/56)
Language in which the application was lodged: German
Parties
Applicant: Fides B. Baldesberger (Lugano, Switzerland) (represented by F. Nielsen, 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 of 12 December 2007 (Case R 1405/2007-4); |
|
— |
order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: Three-dimensional mark depicting tweezers, for goods in class 8 (application No 5 480 108).
Decision of the Examiner: Registration refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1), as the mark applied for has the requisite distinctive character.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).