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Corrigendum to the notice in the Official Journal in Case T-242/11 ( OJ C 211, 16.7.2011, p. 27 )
ECLI:EU:UNKNOWN:62011TN0242R(01)
62011TN0242R(01)
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13.8.2011
Official Journal of the European Union
C 238/38
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(Official Journal of the European Union C 211 of 16 July 2011, p. 27)
2011/C 238/67
The notice in the Official Journal concerning Case T-242/11, Kaltenbach & Voigt v OHIM (3D eXam), is to read as follows:
Action brought on 9 May 2011 — Kaltenbach & Voigt v OHIM (3D eXam)
(Case T-242/11)
2011/C 238/67
Language of the case: English
Parties
Applicant: Kaltenbach & Voigt GmbH (Biberach an der Riß, Germany) (represented by: M. Graf, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2011 in case R 2361/2010-2;
—Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: The figurative mark in words “3D eXam” for goods in class 10
Decision of the Examiner: Refused the protection of the international registration to the European Union pursuant to Article 7(1)(b), (c) and Article 7(2) CTMR
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009 and the failure to take into account prior national registrations/grants of protection, as the International registration at issue: (i) is not purely descriptive, and; (ii) exhibits distinctiveness as the relevant public will consider the sign “3D eXam” as an indication of trade origin.
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