Mitteilungen im Abl. nº T-343/09 of TGericht erster Instanz der Europäischen Gemeinschaften, October 23, 2009
Resolution Date | October 23, 2009 |
Issuing Organization | TGericht erster Instanz der Europäischen Gemeinschaften |
Decision Number | T-343/09 |
Klage, eingereicht am 1. September 2009 - Amecke Fruchtsaft/HABM - Beate Uhse (69 Sex up)
(Rechtssache T-343/09)
Sprache der Klageschrift: Deutsch
Parteien
Klägerin: Amecke Fruchtsaft GmbH & Co. KG (Menden, Deutschland) (Prozessbevollmächtigte: Rechtsanwälte R. Kaase und J.-C. Plate)
Beklagter: Harmonisierungsamt für den Binnenmarkt (Marken, Muster und Modelle)
Andere Beteiligte im Verfahren vor der Beschwerdekammer: Beate Uhse Einzelhandels GmbH
Anträge der Klägerin
Die Klage, die gegen die Entscheidung der Ersten Beschwerdekammer des HABM vom 11. Juni 2009 in der Rechtssache R 1728/2008-1 gerichtet ist, für zulässig zu erklären;
die angegriffene Entscheidung wegen Unvereinbarkeit mit Art. 8 Abs. 1 Buchst. b der Verordnung (EG) Nr. 207/2009 aufzuheben;
dem Beklagten die Kosten des Verfahrens, einschließlich der Kosten für das Widerspruchs- und Beschwerdeverfahren, aufzuerlegen.
Klagegründe und wesentliche Argumente
Anmelderin der Gemeinschaftsmarke: Beate Uhse Einzelhandels GmbH
Betroffene Gemeinschaftsmarke: die Wortmarke "69 Sex up" für Waren und Dienstleistungen der Klassen 32 und 41 (Anmeldung Nr. 5 274 303)
Inhaberin des im...
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