Judgment — ECLI:EU:T:2011:317
Date: 2011-06-28
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 7 December 2009 - ReValue Immobilienberatung v OHIM (ReValue) (Case T-487/09) Language in which the application was lodged: German Parties Applicant: ReValue Immobilienberatung GmbH (Berlin, Germany) (represented by S. Fischoeder and M. Schork, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought - Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 7 October 2009 in Case R 531/2009-4; - order OHIM to pay the costs. Pleas in law and main arguments Community trade mark concerned: the figurative mark "ReValue" for services in classes 35, 36, 42 and 45 (Application No 6 784 292) Decision of the Examiner: registration rejected partially Decision of the Board of Appeal: appeal dismissed Pleas in law: infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/20091, on the grounds that the sign applied for is not descriptive in relation to the services in question and is not devoid of any distinctive character; infringement of Article 75 of Regulation No 207/2009, on the ground that the contested decision was not sufficiently reasoned in the necessary sections. ____________ 1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).