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Case T-547/08: Action brought on 12 December 2008 — X-Technology Swiss v OHIM (representation of a sock)
ECLI:EU:UNKNOWN:62008TN0547
62008TN0547
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Official Journal of the European Union
C 55/31
(Case T-547/08)
(2009/C 55/58)
Language in which the application was lodged: German
Parties
Applicant: X-Technology Swiss GmbH (represented by A. Herbertz and R. Jung, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—annul the decision of the Fourth Board of Appeal of OHIM of 6 October 2008 in Case R 846/2008-4;
—order OHIM to bear its own costs and pay those of the applicant.
Pleas in law and main arguments
Community trade mark concerned: Figurative trade mark as ‘other mark — positional mark’ of the colour ‘orange (Pantone 16-1359 TPX)’ for goods in Class 25 (application No 5 658 117).
Decision of the Examiner: Registration refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94, since the trade mark applied for fulfils the minimum requirement as to distinctive character.
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).