28.8.2010 |
EN |
Official Journal of the European Union |
C 234/47 |
Action brought on 25 June 2010 — Milux v OHMI (STOMACONTROL)
(Case T-282/10)
()
2010/C 234/84
Language of the case: English
Parties
Applicant: Milux Holding S.A. (Luxembourg, Luxembourg) (represented by: J. Bojs, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
— |
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 June 2010 in case R 1434/2009-4; |
— |
Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘STOMACONTROL’ for goods and services in classes 9, 10 and 44
Decision of the examiner: Refused the application for a Community trade mark
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Council Regulation No 207/2009, as the Board of Appeal misapplied the principle of non-discrimination to the facts of this case; in the alternative, infringement of Articles 7(1)(b) and 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its conclusion that the trade mark applied for does not possess sufficient inherent distinctiveness.