Action brought on 16 December 2008 - iPublish Ganske Interactive Publishing v OHIM (representation of a navigational device)

(Case T-555/08)

Language in which the application was lodged: German

Parties

Applicant: iPublish Ganske Interactive Publishing GmbH (Hamburg, Germany) (represented by V. Knies, 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 3 October 2008 in Case R 709/2008-4 and

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional trade mark representing a navigational device in the colours black and blue, characterised inter alia by a blue lateral stripe, for goods and services in Classes 9, 39 and 42 (application No 6 092 639).

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94, ¹ since the trade mark applied for has the required distinctive character.

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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).