Action brought on 17 December 2008 - Monoscoop v OHIM (SUDOKU SAMURAI BINGO)

(Case T-564/08)

Language in which the application was lodged: Spanish

Parties

Applicant: Monoscoop BV (Alkmaar, Netherlands) (represented by A. Canela Giménez, lawyer)

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

Form of order sought

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 30 September 2008, in Case R 816/2008-2; and

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'SUDOKU SAMURAI BINGO' (Application for registration No 5.769.013) for goods and services in classes 9, 28 and 41.

Decision of the Examiner: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Incorrect application of Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 40/94 on the Community trade mark.

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