Comunicaciones al DO nº T-377/09 of Tribunal de 1ª Instancia de las Comunidades Europeas, November 21, 2009
Resolution Date | November 21, 2009 |
Issuing Organization | Tribunal de Primera Instancia de las Comunidades Europeas |
Decision Number | T-377/09 |
Recurso interpuesto el 29 de septiembre de 2009 - Mövenpick-Holding/OAMI (PASSIONATELY SWISS)
(Asunto T-377/09)
Lengua de procedimiento: alemán
Partes
Demandante: Mövenpick-Holding AG (representante: M. Taxhet, abogada)
Demandada: Oficina de Armonización del Mercado Interior (Marcas, Dibujos y Modelos)
Pretensiones de la parte demandante
Que se modifique la resolución de la Primera Sala de Recurso de la Oficina de Armonización del Mercado Interior de 23 de julio de 2009 y que se publique la solicitud de marca PASSIONATELY SWISS (solicitud nº 6.701.031).
Subsidiariamente, que se declare que el artículo 7, apartado 1, letras b) y c), y apartado 2, del Reglamento (CE) nº 40/94 no se opone al registro de la marca, que se anule la resolución de la Primera Sala de Recurso de la Oficina de Armonización del Mercado Interior de 23 de julio de 2009 y que se devuelva el asunto a la Sala de Recurso.
Subsidiariamente, que se modifique la resolución de la Primera Sala de Recurso de la Oficina de Armonización del Mercado Interior de 23 de julio de 2009 y que se publique la solicitud de marca PASSIONATELY SWISS (solicitud nº 6.701.031) junto con la declaración de la demandante de que ésta no reclama un derecho exclusivo sobre el componente SWISS de la marca antes mencionada.
Subsidiariamente, que se declare que el artículo 7, apartado 1, letras b) y c), y apartado...
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