Source: EURLEX
Language: en
Format: md

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| 17.4.2010 | EN | Official Journal of the European Union | C 100/67 |

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Action brought on 23 February 2010 — Chestnut Medical Technologies v OHIM (PIPELINE)

(Case T-87/10)

2010/C 100/98

Language of the case: English

Parties

Applicant: Chestnut Medical Technologies, Inc. (Menlo Park, United States) (represented by: R. Kunz-Hallstein, H. Kunz-Hallstein, lawyers)

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 10 December 2009 in case R 968/2009-2; 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 ‘PIPELINE’ for goods in class 10

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)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its assessment that the Community trade mark concerned has a descriptive character; infringement of Articles 75 of Council Regulation No 207/2009 as the Board of Appeal, by ignoring arguments brought by the applicant, infringed upon the obligation to state the reasons on which the decision has been based.

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