14.5.2011 |
EN |
Official Journal of the European Union |
C 145/33 |
Action brought on 17 March 2011 — Häfele v OHIM (Infront)
(Case T-166/11)
2011/C 145/55
Language of the case: German
Parties
Applicant: Häfele GmbH & Co. KG (Nagold, Germany) (represented by M. Eck and J. Dönch, 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 (Trade Marks and Designs) of 17 January 2011 in Case R 1711/2010-1; |
— |
Order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘Infront’ for goods in Classes 6 and 20
Decision of the Examiner: rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b), (c) and (d) of Regulation (EC) No 207/2009 (1) as the Community trade mark in question has distinctive character, is not descriptive and is not a designation which has become customary
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)