do-me/EUR-LEX huggingface dataset:
Case T-513/10: Action brought on 1 November 2010 — Hamberger Industriewerke v OHIM (Atrium)
Date: 2010-11-01
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011013EN.01002902.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/29





Action brought on 1 November 2010 — Hamberger Industriewerke v OHIM (Atrium)
(Case T-513/10)
()
2011/C 13/57
Language in which the application was lodged: German

Parties


Applicant: Hamberger Industriewerke GmbH (Stephanskirchen, Germany) (represented by T. Schmidpeter, 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 26 August 2010 in Case R 291/2010-4;










—


Order the defendant to pay the costs, including the costs incurred in the course of the appeal procedure.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘Atrium’ for goods in Classes 19 and 27.

Decision of the Examiner: Application refused.

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), as the Community trade mark concerned is distinctive and not merely descriptive.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case T-514/10: Action brought on 1 November 2010 — Fruit of the Loom v OHIM — Blueshore Management (FRUIT)
Date: 2010-11-01
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011013EN.01003001.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/30





Action brought on 1 November 2010 — Fruit of the Loom v OHIM — Blueshore Management (FRUIT)
(Case T-514/10)
()
2011/C 13/58
Language in which the application was lodged: English

Parties


Applicant: Fruit of the Loom, Inc. (Bowling Green, USA) (represented by: S. Malynicz, Barrister, and V. G. Marsland, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Blueshore Management SA (Cernusco Sul Naviglio, Italy)

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 30 August 2010 in case R 1686/2008-4; and










—


Order the defendant and the other party to the proceedings before the Board of Appeal to bear the costs of the proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘FRUIT’ for goods in classes 18, 24 and 25 — Community trade mark registration No 745216

Proprietor of the Community trade mark: The applicant

Party applying for revocation: The other party to the proceedings before the Board of Appeal

Decision of the Cancellation Division: Revoked the Community trade mark in part

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant claims that the contested decision infringes Article 15(1) of Council Regulation No 207/2009, as the Board of Appeal failed to take account of (i) the presentation and significance of the word ‘FRUIT’ within the marks shown in the proprietor’s evidence of use, (ii) the evidence that the proprietor informally marketed its products under the name ‘FRUIT’, often using that mark verbally in dealings and transactions with its customers, and (iii) the evidence that the proprietor had used the mark ‘FRUIT’ as part of its marketing website.