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Document 62009TN0321

Case T-321/09: Action brought on 14 August 2009 — skytron energy v OHIM (arraybox)

OJ C 267, 7.11.2009, p. 68–68 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
14/08/2009
Date lodged:
14/08/2009
Author:
Court of First Instance
Form:
Judicial information
Authentic language:
German
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Instruments cited in case law:
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7.11.2009   

EN

Official Journal of the European Union

C 267/68

Action brought on 14 August 2009 — skytron energy v OHIM (arraybox)

(Case T-321/09)

2009/C 267/123

Language in which the application was lodged: German

Parties

Applicant: skytron energy GmbH & Co. KG (Berlin, Germany) (represented by H.-J. Omsels, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 4 June 2009 in Case R 1680/2008-1;

—

In the alternative, refer the case back to the Office for Harmonisation in the Internal Market;

—

Order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘arraybox’ for goods and services in Classes 9, 37, 38 and 42 (application No 6 710 479)

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 (1) as the sign applied for is not descriptive and has the requisite distinctive character.

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

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