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Case T-31/09: Action brought on 21 January 2009 — Baid v OHIM (LE GOMMAGE DES FACADES)
ECLI:EU:UNKNOWN:62009TN0031
62009TN0031
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EN
Official Journal of the European Union
C 69/50
(Case T-31/09)
(2009/C 69/110)
Language in which the application was lodged: French
Parties
Applicant: Baid SARL (Paris, France) (represented by M. Grasset, lawyer)
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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 October 2008 (Case R 963/2008-1) and alter it to the effect that the action before OHIM brought by the applicant is well founded and, consequently, that the mark applied for is granted;
—Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘LE GOMMAGE DES FACADES’ for goods and services in Classes 3, 19 and 37 — application No 6 071 641
Decision of the Examiner: Rejection of the application for registration
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(c) of Council Regulation No 40/94, since the mark applied for is not descriptive; of Article 7(3) of that regulation, since the mark applied for has acquired distinctive character through use and of Article 73 of that regulation, since the contested decision is largely based on references to Internet pages.