CELEX: 62010TN0173
Language: en
Date: 2010-04-19 00:00:00
Title: Case T-173/10: Action brought on 19 April 2010 — Apotheke DocMorris v OHIM (Representation of a green cross)

3.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/41
            
         Action brought on 19 April 2010 — Apotheke DocMorris v OHIM (Representation of a green cross)
   (Case T-173/10)
   2010/C 179/72
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Apotheke DocMorris Holding GmbH (Stuttgart, Germany) (represented by Y. Dick, 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 15 February 2010 in Case R 1606/2008-4; and
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Figurative mark, representing a green cross, for goods and services in Classes 3, 5, 8, 9, 10, 11, 16, 21, 25, 29, 30, 32, 35 to 42 and 44 (Application No 5 930 946).
   
      Decision of the Examiner: Rejection of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009 (1), as the Board of Appeal’s finding of distinctiveness was in several respects incorrect.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).