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Case T-377/09: Action brought on 29 September 2009 — Mövenpick-Holding AG v OHIM (PASSIONATELY SWISS)
ECLI:EU:UNKNOWN:62009TN0377
62009TN0377
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Valentina R., lawyer
21.11.2009
Official Journal of the European Union
C 282/58
(Case T-377/09)
2009/C 282/108
Language in which the application was lodged: German
Parties
Applicant: Mövenpick-Holding AG (represented by: M. Taxhet, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Vary the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and publish the application for registration of the mark PASSIONATELY SWISS (Application No 6 701 031),
—In the alternative, declare that Article 7(1)(b) and (c), and (2) of Regulation (EC) 40/94 does not preclude the registration of the mark, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and refer the case back to the Board of Appeal,
—In the alternative, vary the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and publish the mark PASSIONATELY SWISS (Application No 6 701 031) together with the declaration of the applicant that it disclaims any exclusive right to the element SWISS,
—In the alternative, declare that Article 7(1)(b) and (c), and (2) of Regulation (EC) 40/94 does not preclude the registration of the mark with the inclusion of the statement of the applicant, that it disclaims any exclusive right to the element SWISS, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and refer the case back to the Board of Appeal,
—Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘PASSIONATELY SWISS’ for goods and services in Classes 16, 35, 41, 43 and 44 (Application No 6 701 031)
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation 207/2009 (1)
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).