Action brought on 6 May 2010 — Cree v OHIM (TRUEWHITE)

(Case T-208/10)

(2010/C 179/91)

Language in which the application was lodged: German

Parties

Applicant: Cree Inc (Durham, USA) (represented by V. Schiller, lawyer)

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

Form of order sought

—	Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 February 2010 in Case R 985/2009-2;

—	Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘TRUEWHITE’ for goods in Classes 9 and 11.

Decision of the Examiner: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 4, Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009, (1) because the trade mark concerned is distinctive.

Infringement of Article 7(1)(c) and Article 7(2) of Regulation (EC) No 207/2009, (2) because the trade mark concerned is not descriptive.

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

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