CELEX: 62009TN0523
Language: en
Date: 2009-12-23 00:00:00
Title: Case T-523/09: Action brought on 23 December 2009 — Smart Technologies v OHIM (WIR MACHEN DAS BESONDERE EINFACH)

27.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/44
            
         Action brought on 23 December 2009 — Smart Technologies v OHIM (WIR MACHEN DAS BESONDERE EINFACH)
   (Case T-523/09)
   2010/C 51/80
   Language of the case: English
   
      Parties
   
   
      Applicant(s): Smart Technologies ULC (Calgary, Canada) (represented by: M. Edenborough, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 September 2009 in case R 554/2009-2;
            
         
               —
            
            
               In the alternative, alter the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 September 2009 in case R 554/2009-2, to state that the Community trade mark concerned possesses sufficient distinctive character that no objection to its registration may be raised under Article 7(1)(b) of Council Regulation No 207/2009; and
            
         
               —
            
            
               Order the defendant to pay the applicant’s costs of and occasioned by this appeal.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark ‘WIR MACHEN DAS BESONDERE EINFACH’ for goods in class 9
   
      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)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly found that the Community trade mark concerned was not eligible for registration due to the fact that it is purportedly devoid of any distinctive character.