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27.9.2008 |
EN |
Official Journal of the European Union |
C 247/22 |
Action brought on 8 August 2008 — BSH Bosch und Siemens Hausgeräte v OHIM (executive edition)
(Case T-310/08)
(2008/C 247/44)
Language in which the application was lodged: German
Parties
Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, Rechtsanwalt)
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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 June 2008 in Case R-845/2007-1; |
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order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to bear its own costs and to pay those of the applicant. |
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘executive edition’ for goods in Classes 7, 9 and 11 (application No 4 908 182).
Decision of the Examiner: rejection 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 mark applied for has the requisite minimum level of distinctiveness.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).