CELEX: 62009TN0499
Language: en
Date: 2009-12-14 00:00:00
Title: Case T-499/09: Action brought on 14 December 2009 — Evonik Industries AG v OHIM (Representation of a purple rectangle with a rounded right side)

13.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/45
            
         Action brought on 14 December 2009 — Evonik Industries AG v OHIM (Representation of a purple rectangle with a rounded right side)
   (Case T-499/09)
   2010/C 37/65
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Evonik Industries AG (Essen, Germany) (represented by J. Albrecht, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 2 October 2009 (Case R 491/2009-4);
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: a figurative mark representing a rectangular shape in the colour Purple Pantone 513 C, for goods and services in classes 1 to 45 (Application No 7 235 179)
   
      Decision of the Examiner: registration rejected
   
      Decision of the Board of Appeal: appeal dismissed
   
      Pleas in law: misapplication of Article 7(1)(b) of Regulation No 207/2009 (1), on the ground that the trade mark concerned has the requisite distinctive character
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).