Action brought on 23 May 2011 - Bopp v OHIM (Octagon with green sides)

(Case T-263/11)

Language of the case: German

Parties

Applicant: Carsten Bopp (Glashütten, Germany) (represented by C. Russ, lawyer)

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

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2011 in Case R 605/2010-4.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark consisting of an octagon with green sides - application No 8 248 965.

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for is distinctive on account of the identifiable, spatial representation.

____________