Source: EURLEX
Language: en
Format: md

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| 5.2.2011 | EN | Official Journal of the European Union | C 38/17 |

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Action brought on 8 December 2010 — LG Electronics v OHIM (DIRECT DRIVE)

(Case T-561/10)

2011/C 38/32

Language in which the application was lodged: English

Parties

Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by: M. Graf, lawyer)

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

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 September 2010 in case R 1027/2010-2; |

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| — | Order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘DIRECT DRIVE’ for goods in classes 7 and 11 — Community trade mark application No 8797052

Decision of the Examiner: Rejection of the application for registration

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of articles 7(1)(b) and (c) of Council Regulation No 207/2009, as the Board of Appeal failed to take into account prior Community trade marks and national registrations as well as a national application.

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