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Valentina R., lawyer
(2008/C 142/56)
Language in which the application was lodged: German
Applicant: ENRI Electronics GmbH (Adelberg, Germany) (represented by N. Breitenbach, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
—Annul the decision of the Fourth Board of Appeal of OHIM of 30 January 2008 in Case R 1530/2006-4;
—Order OHIM to pay the costs, including the costs incurred in the course of the appeal.
Community trade mark concerned: The word mark ‘MaxiBridge’ for goods in Classes 9 and 17 (Application No 4 899 647).
Decision of the Examiner: Application rejected
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 40/94 (1) inasmuch as the mark in respect of which application is sought does not constitute an indication which needs to be kept freely available.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).