Notices for publication in the OJ nº T-343/09 of Court of First Instance of the European Communities, October 23, 2009

• Resolution Date: October 23, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-343/09

Action brought on 1 September 2009 - Amecke Fruchtsaft v OHIM - Beate Uhse (69 Sex up)

(Case T-343/09)

Language in which the application was lodged: German

Parties

Applicant: Amecke Fruchtsaft GmbH & Co. KG (Menden, Germany) (represented by: R. Kaase and J.-C. Plate)

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

Other party to the proceedings before the Board of Appeal of OHIM: Beate Uhse Einzelhandels GmbH

Form of order sought

Declare admissible the action brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 in Case R 1728/2008-1;

Annul the contested decision on the ground of infringement of Article 8(1)(b) of Regulation (EC) No 207/2009;

Order the defendant to pay the costs, including the costs of the opposition and the appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: Beate Uhse Einzelhandels GmbH.

Community trade mark concerned: the word mark "69 Sex up" for goods and services in Classes 32 and 41 (Application No 5 274 303).

Proprietor of the mark or sign cited in...