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Case T-300/09: Action brought on 29 July 2009 — Gühring OHG v OHIM (combination of the colours ochre yellow and silver grey)
ECLI:EU:UNKNOWN:62009TN0300
62009TN0300
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Valentina R., lawyer
24.10.2009
EN
Official Journal of the European Union
C 256/28
(Case T-300/09)
2009/C 256/52
Language in which the application was lodged: German
Parties
Applicant: Gühring OHG (Albstadt, Germany) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
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 OHIM of 30. April 2009 in Case R 1329/2008-1;
—Annul the decision of the defendant’s Examination Division dated 22 July 2008, in which it refused registration of the applicant’s mark Nr. 6 703 565;
—Declare, that the trade mark applied for No. 6 703 565 complies with the conditions laid down in Article 7(1)(b) of Regulation (EC) No 207/2009;
in the alternative,
—Order the defendant to pay the costs, including those incurred by the applicant before the Board of Appeal.
Pleas in law and main arguments
Community trade mark concerned: a mark made up of the combination of the colours of ochre yellow and silver grey for goods in Class 7 (registration application No. 6 703 565)
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Rejection of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009 because the trade mark applied for has a distinctive character. In addition, infringement of procedural law, in particular of Articles 75 and 76 (1) of Regulation No 207/2009
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)