CELEX: 62010TN0565
Language: en
Date: 2010-12-21 00:00:00
Title: Case T-565/10: Action brought on 21 December 2010 — ThyssenKrupp Steel Europe v OHIM (Highprotect)

19.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/26
            
         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:
   
               —
            
            
               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;
            
         
               —
            
            
               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) since the trade mark concerned is not devoid of distinctive character and is not descriptive.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)