CELEX: 62009TN0388
Language: en
Date: 2009-10-02 00:00:00
Title: Case T-388/09: Action brought on 2 October 2009 — Rosenruist v OHIM (Representation of two curves crossed at one point inserted on a pocket)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/62
            
         Action brought on 2 October 2009 — Rosenruist v OHIM (Representation of two curves crossed at one point inserted on a pocket)
   (Case T-388/09)
   2009/C 282/115
   Language of the case: English
   
      Parties
   
   
      Applicant(s): Rosenruist — Gestão e serviços, Lda (Funchal, Portugal) (represented by S. Gonzáles Malabia and S. Rizzo, lawyers)
   
      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 18 June 2009 in case R 237/2009-2; and
            
         
               —
            
            
               Order the defendant to pay its own costs and those of the applicant
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The mark representing two curves crossed at one point inserted on a pocket for goods and services in classes 18 and 25
   
      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 Article 7(1)(b) of Council Regulation 40/94 (which became Article 7(1)(b) of Council Regulation 207/2009) as the Board of Appeal wrongly found that the Community trade mark concerned lacked inherent distinctiveness.