Action brought on 19 April 2010 — Apotheke DocMorris v OHIM (Representation of a green cross)

(Case T-173/10)

(2010/C 179/72)

Language in which the application was lodged: German

Parties

Applicant: Apotheke DocMorris Holding GmbH (Stuttgart, Germany) (represented by Y. Dick, 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 15 February 2010 in Case R 1606/2008-4; and

—	Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark, representing a green cross, for goods and services in Classes 3, 5, 8, 9, 10, 11, 16, 21, 25, 29, 30, 32, 35 to 42 and 44 (Application No 5 930 946).

Decision of the Examiner: Rejection of the application.

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

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009 (1), as the Board of Appeal’s finding of distinctiveness was in several respects incorrect.

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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).