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Case T-22/09: Action brought on 20 January 2009 — Katjes Fassin v OHIM (shape of a panda face)
ECLI:EU:UNKNOWN:62009TN0022
62009TN0022
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Valentina R., lawyer
21.3.2009
EN
Official Journal of the European Union
C 69/49
(Case T-22/09)
(2009/C 69/107)
Language in which the application was lodged: German
Parties
Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by T. Schmitz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Form of order sought
—annul the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 in Case R 1299/2006-4;
—order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: a three-dimensional mark, showing a chocolate panda face, for goods in Class 30 — Application No 4 505 161
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.
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).