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Case T-326/15: Action brought on 22 June 2015 — DIMA Verwaltungs v OHIM (Shape of a container)
ECLI:EU:UNKNOWN:62015TN0326
62015TN0326
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Official Journal of the European Union
C 328/9
(Case T-326/15)
(2015/C 328/08)
Language of the case: German
Parties
Applicant: DIMA Verwaltungs GmbH (Hamburg, Germany) (represented by: T. Kerkhoff, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Details of the proceedings before OHIM
Trade mark at issue: Three-dimensional Community trade mark (Shape of a container) — Application for registration No 12 649 174
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 20 April 2015 in Case R 2567/2014-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order the defendant to resume the registration procedure;
—in the alternative, declare that Article 7(1)(b) of Regulation No 207/2009 does not preclude the registration and refer the case back to the Board of Appeal;
—order OHIM to pay the costs.
Plea in law
—Infringement of Article 7(1)(b) of Regulation No 207/2009.