Action brought on 24 August 2009 - Fédération Internationale des Logis v OHIM (Brown convex square)

(Case T-329/09)

Language in which the application was lodged: French

Parties

Applicant: Fédération Internationale des Logis (Paris, France) (represented by C. Champagner Katz, lawyer)

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 OHIM of 11 June 2009 in Case R 0202/2009-1 and allow registration of the trade mark applied for;

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Mark representing a brown convex square for the goods and services in Classes 3, 18, 24, 43 and 44 - Application No 6468722

Decision of the Examiner: Rejection of the application for registration

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009 as the representation of a special and specific square with convex edges in a particular and specific brown colour is distinctive with respect to the goods and services for which registration was sought, in so far as those elements give the mark a particular appearance for those goods and services.

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