CELEX: 62011TN0171
Language: en
Date: 2011-03-21 00:00:00
Title: Case T-171/11: Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)

14.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 145/35
            
         Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)
   (Case T-171/11)
   2011/C 145/58
   Language of the case: German
   
      Parties
   
   
      Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by V. Mensing, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 January 2011 in Case R 1514/2010-4;
            
         
               —
            
            
               Order OHIM to pay the costs, including those incurred in the course of the appeal procedure.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘Clampflex’ for goods in Classes 5, 9, 10, 17 and 20
   
      Decision of the Examiner: partial rejection of the application
   
      Decision of the Board of Appeal: dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1) as the Community trade mark in question has 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)