5.6.2010 |
EN |
Official Journal of the European Union |
C 148/39 |
Action brought on 26 March 2010 — Milux v OHIM (REFLUXCONTROL)
(Case T-139/10)
2010/C 148/65
Language of the case: English
Parties
Applicant(s): Milux Holding SA (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 13 January 2010 in case R 1134/2009-4; and |
— |
Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The word mark “REFLUXCONTROL” 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 Article 7(1)(b) 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.