Notices for publication in the OJ nº T-377/09 of Court of First Instance of the European Communities, November 21, 2009

Resolution Date:November 21, 2009
Issuing Organization:Court of First Instance of the European Communities
Decision Number:T-377/09
SUMMARY

Community trade mark – Annulment of Decision R 1457/2008-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHMI) of 23 July 2009 dismissing the appeal against the examiner’s decision refusing to register the word mark ‘PASSIONATELY SWISS’ for goods and services in Classes 16, 35, 41, 43 and 44.

 
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Action brought on 29 September 2009 - Mövenpick-Holding AG v OHIM (PASSIONATELY SWISS)

(Case T-377/09)

Language in which the application was lodged: German

Parties

Applicant: Mövenpick-Holding AG (represented by: M. Taxhet, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Vary the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and publish the application for registration of the mark PASSIONATELY SWISS (Application No 6 701 031),

In the alternative, declare that Article 7(1)(b) and (c), and (2) of Regulation (EC) 40/94 does not preclude the registration of the mark, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and refer the case back to the Board of Appeal,

In the alternative, vary the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and publish the mark PASSIONATELY SWISS (Application No 6 701 031) together with the declaration of the applicant that it disclaims any exclusive right to the element SWISS,

In the alternative, declare that Article 7(1)(b) and (c), and...

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