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Case T-458/08: Action brought on 9 October 2008 — Wilfer v OHIM
ECLI:EU:UNKNOWN:62008TN0458
62008TN0458
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Valentina R., lawyer
10.1.2009
EN
Official Journal of the European Union
C 6/35
(Case T-458/08)
(2009/C 6/71)
Language in which the application was lodged: German
Parties
Applicant: Hans-Peter Wilfer (Markneukirchen, Germany) (represented by A. Kockläuner, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 25 July 2008 in Case R 78/2007-4 in its entirety;
—order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Figurative mark representing the head of a guitar using the colours silver, grey and brown, for goods in Classes 9 and 15 (No 2 639 821)
Decision of the Examiner: Rejection of the registration
Decision of the Board of Appeal: Rejection of the appeal
Pleas in law:
—infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1);
—infringement of the principle of examination of the facts by the Office of its own motion, including disregard for the rules concerning the burden of proof under Article 74(1) of Regulation No 40/94;
—infringement of the requirement to state reasons for the purposes of the first sentence of Article 73 of Regulation No 40/94;
—infringement of the principle of equal treatment.
* * *
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).