13.2.2010   

EN

Official Journal of the European Union

C 37/41


Action brought on 7 December 2009 — ReValue Immobilienberatung v OHIM (ReValue)

(Case T-487/09)

2010/C 37/58

Language in which the application was lodged: German

Parties

Applicant: ReValue Immobilienberatung GmbH (Berlin, Germany) (represented by S. Fischoeder and M. Schork, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 7 October 2009 in Case R 531/2009-4;

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the figurative mark ‘ReValue’ for services in classes 35, 36, 42 and 45 (Application No 6 784 292)

Decision of the Examiner: registration rejected partially

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1), on the grounds that the sign applied for is not descriptive in relation to the services in question and is not devoid of any distinctive character; infringement of Article 75 of Regulation No 207/2009, on the ground that the contested decision was not sufficiently reasoned in the necessary sections.


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