Source: EURLEX
Language: en
Format: md

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| 19.2.2011 | EN | Official Journal of the European Union | C 55/26 |

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Action brought on 21 December 2010 — ThyssenKrupp Steel Europe v OHIM (Highprotect)

(Case T-565/10)

2011/C 55/47

Language in which the application was lodged: German

Parties

Applicant: ThyssenKrupp Steel Europe AG (Duisburg, Germany) (represented by U. Ulrich, lawyer)

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

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 September 2010 in Case R 1038/2010-1; |

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| — | Order OHIM to pay the costs of the proceedings, including those incurred in the appeal proceedings. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘Highprotect’ for goods in Class 6.

Decision of the Examiner: Registration refused.

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

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009,[(1)](#ntr1-C_2011055EN.01002601-E0001) since the trade mark concerned is not devoid of distinctive character and is not descriptive.

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