Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 5.3.2011 | EN | Official Journal of the European Union | C 72/32 |

---

Action brought on 20 January 2011 — Fraas v OHIM (tartan pattern in pink, violet, beige and dark grey colours)

(Case T-31/11)

2011/C 72/49

Language in which the application was lodged: German

Parties

Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by R. Kunze and G. Würtenberger, lawyers)

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 November 2010 in Case R 1284/2010-4; |

|  |  |
| --- | --- |
| — | Order the Office for Harmonisation in the Internal Market to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Figurative mark, which shows a tartan pattern in pink, violet, beige and dark grey colours, for goods in classes 18, 24 and 25.

Decision of the Examiner: Rejection of the registration.

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

Pleas in law: Infringement of Article 7(1)(b) read in conjunction with Article 7(2) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2011072EN.01003201-E0001) since the trade mark concerned is distinctive, and infringement of Articles 75 and 76 of Regulation (EC) No 207/2009 because the Board of Appeal failed to deal with the applicant’s extensive factual and legal submissions.

---

[Top](#document1)