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Case T-397/09: Action brought on 6 October 2009 — Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg v OHIM (Figurative mark representing a coat of arms)
ECLI:EU:UNKNOWN:62009TN0397
62009TN0397
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Valentina R., lawyer
5.12.2009
Official Journal of the European Union
C 297/29
(Case T-397/09)
2009/C 297/42
Language in which the application was lodged: German
Parties
Applicant: Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg (Hanover, Germany) (represented by R. Stötzel and J. Hilger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Forms of order sought
—Annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2009 in Case R 1361/2008-1 concerning the application for Community trade mark No 5 627 245 and admission of the application for Community trade mark No 5 627 245 for publication in the Community Trade Marks Bulletin;
—Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The colour figurative mark representing a coat of arms for goods and services in Classes 16, 25, 28, 2, 33, 35, 39, 41 and 43 (Application No 5 627 245)
Decision of the Examiner: Application refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Inter alia, infringement of Article 7(1)(h) of Regulation No 207/2009 (1), since the mark applied for is neither identical with the opposing royal emblem nor a heraldic imitation thereof.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).