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Case T-655/13: Action brought on 9 December 2013 — Enercon v OHIM (Shades of the colour green)
ECLI:EU:UNKNOWN:62013TN0655
62013TN0655
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8.2.2014
Official Journal of the European Union
C 39/26
(Case T-655/13)
2014/C 39/47
Language of the case: German
Parties
Applicant: Enercon GmbH (Aurich, Germany) (represented by R. Böhm, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 September 2013 in Case R 0247/2013-1;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the figurative mark representing shades of the colour green for goods in Classes 7, 16 and 28 — Community trade mark application No 11055811
Decision of the Examiner: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009