Judgment — ECLI:EU:T:2009:200
Date: 2009-06-11
Language of the case: German
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 2 April 2008 - ENRI Electronics v OHIM (MaxiBridge) (Case T-132/08) Language in which the application was lodged: German Parties Applicant: ENRI Electronics GmbH (Adelberg, Germany) (represented by N. Breitenbach, 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 OHIM of 30 January 2008 in Case R 1530/2006-4; Order OHIM to pay the costs, including the costs incurred in the course of the appeal. Pleas in law and main arguments Community trade mark concerned: The word mark 'MaxiBridge' for goods in Classes 9 and 17 (Application No 4 899 647). Decision of the Examiner: Application rejected Decision of the Board of Appeal: Appeal dismissed Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 40/94 1 inasmuch as the mark in respect of which application is sought does not constitute an indication which needs to be kept freely available. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)