24.10.2009   

EN

Official Journal of the European Union

C 256/27


Action brought on 29 July 2009 — Gühring v OHIM (combination of the colours broom yellow and silver grey)

(Case T-299/09)

2009/C 256/51

Language in which the application was lodged: German

Parties

Applicant: Gühring OHG (Albstadt, Germany) (represented by: A. von Mühlendahl and H. Hartwig, 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 OHIM of 30. April 2009 in Case R 1330/2008-1;

Annul the decision of the defendant’s Examination Division dated 21 July 2008, in which it refused registration of the applicant’s mark Nr. 6 703 581;

Declare, that the trade mark applied for No. 6 703 581 complies with the conditions laid down in Article 7(1)(b) of Regulation (EC) No 207/2009 (1);

in the alternative,

Annul the decision of the First Board of Appeal of OHIM of 30. April 2009 in Case R 1330/2008-1;

Order the defendant to pay the costs, including those incurred by the applicant before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: a mark made up of a combination of the colours of broom yellow and silver grey for goods in Class 7 (registration application No. 6 703 581)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009, because the trade mark applied for has a distinctive character. In addition, infringement of procedural law, in particular of Articles 75 and 76(1) of Regulation No 207/2009


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)