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Case T-499/09: Action brought on 14 December 2009 — Evonik Industries AG v OHIM (Representation of a purple rectangle with a rounded right side)
ECLI:EU:UNKNOWN:62009TN0499
62009TN0499
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13.2.2010
Official Journal of the European Union
C 37/45
(Case T-499/09)
2010/C 37/65
Language in which the application was lodged: German
Parties
Applicant: Evonik Industries AG (Essen, Germany) (represented by J. Albrecht, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 2 October 2009 (Case R 491/2009-4);
—order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: a figurative mark representing a rectangular shape in the colour Purple Pantone 513 C, for goods and services in classes 1 to 45 (Application No 7 235 179)
Decision of the Examiner: registration rejected
Decision of the Board of Appeal: appeal dismissed
Pleas in law: misapplication of Article 7(1)(b) of Regulation No 207/2009 (1), on the ground that the trade mark concerned 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).