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5.12.2009 |
EN |
Official Journal of the European Union |
C 297/29 |
Action brought on 6 October 2009 — Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg v OHIM (Figurative mark representing a coat of arms)
(Case T-397/09)
2009/C 297/42
Language in which the application was lodged: German
Parties
Applicant: Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg (Hanover, Germany) (represented by R. Stötzel and J. Hilger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Forms of order sought
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Annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2009 in Case R 1361/2008-1 concerning the application for Community trade mark No 5 627 245 and admission of the application for Community trade mark No 5 627 245 for publication in the Community Trade Marks Bulletin; |
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Order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The colour figurative mark representing a coat of arms for goods and services in Classes 16, 25, 28, 2, 33, 35, 39, 41 and 43 (Application No 5 627 245)
Decision of the Examiner: Application refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Inter alia, infringement of Article 7(1)(h) of Regulation No 207/2009 (1), since the mark applied for is neither identical with the opposing royal emblem nor a heraldic immitation thereof.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).