Action brought on 16 February 2009 - Micro Shaping Ltd v OHIM (>packaging)

(Case T-64/09)

Language in which the application was lodged: German

Parties

Applicant: Micro Shaping Ltd (Worthing, United Kingdom) (represented by: A. Franke, 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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 December 2008 - Appeal R 1063/2008-1 - in relation to Community trade mark application No 006354311 '>packaging';

Order the applicant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the figurative mark '>packaging' for goods and services in Classes 16, 17 and 42 (Application No 6 354 311)

Decision of the Examiner: rejection of the application in part

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94, ¹ because the mark applied for has the necessary distinctive character and there is no need to retain availability, and of the right to be heard under Article 73 of Regulation No 40/94.

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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).