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Case T-654/13: Action brought on 6 December 2013 — Gako Konietzko v OHIM (Shape of packaging)
ECLI:EU:UNKNOWN:62013TN0654
62013TN0654
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8.2.2014
EN
Official Journal of the European Union
C 39/26
(Case T-654/13)
2014/C 39/46
Language of the case: German
Parties
Applicant: Gako Konietzko GmbH (Bamberg, Germany) (represented by S. Reinhardt, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 September 2013 in Case R 2232/2012-1;
—Order the defendant to pay the costs including the costs incurred in the course of the appeal proceedings.
Pleas in law and main arguments
Community trade mark concerned: the three-dimensional mark, representing the shape of packaging, for goods in Classes 3, 5 and 10 — Community trade mark application No 10899037
Decision of the Examiner: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009