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10.10.2009 |
EN |
Official Journal of the European Union |
C 244/6 |
Action brought on 17 July 2009 — Deutsche Steinzeug Cremer & Breuer v OHIM (CHROMA)
(Case T-281/09)
2009/C 244/09
Language of the case: German
Parties
Applicant: Deutsche Steinzeug Cremer & Breuer AG (Frechen, Germany) (represented by J. Albrecht, 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 Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 8 May 2009, in so far as the application for registration of the mark in respect of the requested goods in Classes 19 and 11 was rejected; |
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order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘CHROMA’ for goods and services in Classes 11, 19 and 37 (Application No 6 731 103)
Decision of the Examiner: Registration rejected in part.
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) in that the word ‘CHROMA’ has no directly descriptive meaning.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).