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Case T-12/09: Action brought on 13 January 2009 — Gruber v OHIM (Run the globe)
ECLI:EU:UNKNOWN:62009TN0012
62009TN0012
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Valentina R., lawyer
21.3.2009
EN
Official Journal of the European Union
C 69/46
(Case T-12/09)
(2009/C 69/102)
Language in which the application was lodged: German
Parties
Applicant: Alexander Gruber (Ulm, Germany) (represented by T. Kienle and M. Krinke, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 November 2008 (Case R 1779/2007-1);
—order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘Run the globe’ for services in Class 41 — Application No 5 154 521
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 40/94 (1), as the registered mark has the necessary distinctive character.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).