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15.1.2011 |
EN |
Official Journal of the European Union |
C 13/29 |
Action brought on 1 November 2010 — Hamberger Industriewerke v OHIM (Atrium)
(Case T-513/10)
()
2011/C 13/57
Language in which the application was lodged: German
Parties
Applicant: Hamberger Industriewerke GmbH (Stephanskirchen, Germany) (represented by T. Schmidpeter, 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 26 August 2010 in Case R 291/2010-4; |
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Order the defendant to pay the costs, including the costs incurred in the course of the appeal procedure. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘Atrium’ for goods in Classes 19 and 27.
Decision of the Examiner: Application refused.
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), as the Community trade mark concerned is distinctive and not merely descriptive.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).