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Case T-508/08: Action brought on 24 November 2008 — Bang & Olufsen v OHIM (Representation of a loudspeaker)
ECLI:EU:UNKNOWN:62008TN0508
62008TN0508
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Official Journal of the European Union
C 19/35
(Case T-508/08)
(2009/C 19/65)
Language of the case: English
Parties
Applicant(s): Bang & Olufsen A/S (Struer, Denmark) (represented by K. Wallberg, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul paragraph 2 the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 September 2008 in case R 497/2005-1; and
—Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The three-dimensional mark representing a loudspeaker for goods in classes 9 and 20 — application No 3 354 371
Decision of the examiner: Rejection of the application
Decision of the Board of Appeal: Partial annulment of the decision of the examiner
Pleas in law: Infringement of Article 63(6) of Council Regulation No 40/94 as the Board of Appeal failed to take the necessary measures to comply with the judgment of the Court of Justice; Infringement of Article 7(1)(e)(iii) of Council Regulation No 40/94 as the Board of Appeal wrongly took the view that the Community trade mark concerned is a sign which consists exclusively of a shape which gives substantial value to the goods.