Action brought on 13 September 2010 - Bottega Veneta International v OHIM (Shape of a handbag)

(Case T-409/10)

Language in which the application was lodged: Italian

Parties

Applicant: Bottega Veneta International Sarl (Luxembourg, Luxembourg) (represented by P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

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

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 16 June 2010 in Case R 1247/2009-1;

Order the Office for Harmonisation in the Internal Market to pay the costs of the present proceedings and the proceedings before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: Trade mark consisting of a distinctive three-dimensional sign known as the 'veneta' bag (application for registration No 6632608) for goods in Class 18 ('bags and handbags').

Decision of the Examiner: Refused the application for registration.

Decision of the Board of Appeal: Dismissed the appeal.

Pleas in law: Infringement of Rule 9(3)(a) of Regulation No 2868/95 and Article 7(1)(b) and (3) of Regulation No 207/2009.

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