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22.5.2010 |
EN |
Official Journal of the European Union |
C 134/45 |
Action brought on 18 March 2010 — Hartmann v OHIM (Complete)
(Case T-123/10)
2010/C 134/73
Language in which the application was lodged: German
Parties
Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by N. Aicher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 January 2010 in Case R 601/2009-4; |
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order the defendant to pay the costs, including the costs of the proceedings before OHIM. |
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘Complete’ for goods in classes 5 and 10 (Application No 7 432 024)
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)(c) of Regulation (EC) No 207/2009, (1) in that the sign applied for in respect of the goods in question is not directly descriptive and, further, infringement of Article 7(1)(b) of Regulation No 207/2009 in that this sign does not lack the requisite distinctive character.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).