CELEX: 62010TN0513
Language: en
Date: 2010-11-01 00:00:00
Title: Case T-513/10: Action brought on 1 November 2010 — Hamberger Industriewerke v OHIM (Atrium)

15.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 13/29
            
         Action brought on 1 November 2010 — Hamberger Industriewerke v OHIM (Atrium)
   (Case T-513/10)
   ()
   2011/C 13/57
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Hamberger Industriewerke GmbH (Stephanskirchen, Germany) (represented by T. Schmidpeter, 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 26 August 2010 in Case R 291/2010-4;
            
         
               —
            
            
               Order the defendant to pay the costs, including the costs incurred in the course of the appeal procedure.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark ‘Atrium’ for goods in Classes 19 and 27.
   
      Decision of the Examiner: Application refused.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1), as the Community trade mark concerned is distinctive and not merely descriptive.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).