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Valentina R., lawyer
EN
2009/C 205/80
Language in which the application was lodged: German
Applicant: Wilo SE (Dortmund, Germany) (represented by G. Braun)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
—Annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2009 in Case R 1184/2008-1;
—Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
Community trade mark concerned: a three-dimensional mark representing the casing of a motor of a heating pump, for goods in Classes 7 and 11 (Application No 5 805 692)
Decision of the Examiner: rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Council Regulation (EC) No 40/94 (now Article 7(1)(b) of Council Regulation (CE) No 207/2009) as the mark applied for has the requisite distinctive character
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).