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Case T-254/09: Action brought on 26 June 2009 T-254/09 — Wilo SE v OHI (Representation of a green casing)
ECLI:EU:UNKNOWN:62009TN0254
62009TN0254
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Valentina R., lawyer
29.8.2009
Official Journal of the European Union
C 205/44
(Case T-254/09)
2009/C 205/81
Language in which the application was lodged: German
Parties
Applicant: Wilo SE (Dortmund, Germany) (represented by G. Braun)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—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 1196/2008-1;
—Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: a figurative mark, which represents a green casing
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) (1) as the mark applied for has the requisite distinctive character
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).