Source: EURLEX
Language: en
Format: md

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| 19.6.2010 | EN | Official Journal of the European Union | C 161/50 |

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Action brought on 15 April 2010 — Milux v OHIM (FERTILITYINVIVO)

(Case T-175/10)

(2010/C 161/79)

Language of the case: English

Parties

Applicant(s): Milux Holding SA (Luxembourg, Luxembourg) (represented by: J. Bojs, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 February 2010 in case R 1116/2009-4; and |

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

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘FERTILITYINVIVO’ for goods and services in classes 9, 10 and 44

Decision of the examiner: Refused the application for a Community trade mark

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 erred in its conclusion that the trade mark applied for is not eligible for registration as a Community trade mark because it does not possess sufficient inherent distinctiveness.

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