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27.8.2011 |
EN |
Official Journal of the European Union |
C 252/36 |
Action brought on 21 June 2011 — UCP Backus y Johnston v OHIM (Shape of a bottle)
(Case T-323/11)
2011/C 252/82
Language of the case: Spanish
Parties
Applicant: Unión de Cervecerías Peruanas Backus y Johnston SAA (Lima, Peru) (represented by E. Armijo Chávarri, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Declare the action against the Decision of the Second Board of Appeal of the Office of 23 March 2011 in Case R 2238/2010-2 to be brought in due form and time, and |
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Following the appropriate procedural steps, give judgment annulling the abovementioned decision and expressly order the Office to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: Three-dimensional trade mark consisting in the shape of a bottle (application No 8.592.081) for goods in Class 32 (‘beer’)
Decision of the Examiner: Application refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Incorrect interpretation and application of Article 7(1)(b) of Regulation No 207/2009 on the Community trade mark.