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7.3.2009 |
EN |
Official Journal of the European Union |
C 55/45 |
Action brought on 24 December 2008 — Kerma v OHIM (BIOPIETRA)
(Case T-586/08)
(2009/C 55/80)
Language in which the application was lodged: Italian
Parties
Applicant: Kerma SpA (Puegnago sul Garda, Italy) (represented by A. Manzoni, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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declare that the trade mark BIOPIETRO conforms with Article 4 of the Trade Mark Regulation and is not devoid of any distinctive character within the meaning of Article 7(1)(b) of that regulation; |
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order OHIM to pay the costs in the event of its being unsuccessful. |
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘BIOPIETRA’ (application for registration No 5.658.893), for goods in Class 19.
Decision of the Examiner: Rejection of the application for registration.
Decision of the Board of Appeal: Rejection of the appeal.
Pleas in law: Infringement and incorrect application of Article 7(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.