Language of document :

Notice for the OJ

 

Action brought on 23 July 2002 by Heron Robotunits GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-222/02)

    Language of the case: German

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 23 July 2002 by Heron Robotunits GmbH, of Lustenau (Austria), represented by M. Bergermann, Lawyer.

The applicant claims that the Court should:

(annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 May 2002 (Ref: R 1095-2000-1);

(order the defendant to pay the costs.

Pleas in law and main arguments:

The trade mark applied for:the word mark "ROBOTUNITS" ( Application No 1 176 320

Goods or services concerned:goods in Classes 6, 7 and 9 (including metal profiles, guides for machines and conveyor belts)

Decision contested before therefusal of registration by the examiner

Board of Appeal:

Decision of the Board of Appeal:dismissal of the appeal

Grounds of claim:Infringement of Article 7(1)(c) of Regulation (EC) No 40/94 1

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1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).