Source: EURLEX
Language: en
Format: md

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| 10.9.2011 | EN | Official Journal of the European Union | C 269/51 |

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Action brought on 21 June 2011 — Leifheit v OHIM (EcoPerfect)

(Case T-328/11)

2011/C 269/113

Language of the case: German

Parties

Applicant: Leifheit AG (Nassau, Germany) (represented by G. Hasselblatt, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 March 2011 (Case R 1658/2010-1) and admit for publication in its entirety the Community trade mark ‘EcoPerfect’ (application No 8708745); |

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| — | Order OHIM to bear its own costs and to pay those incurred by the applicant. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘EcoPerfect’ for goods in class 21 — application No 8708745.

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 since the Community trade mark applied for, ‘EcoPerfect’, is not descriptive of the goods in class 21, nor does it lack any distinctive character.

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