CELEX: 62010TN0561
Language: en
Date: 2010-12-08 00:00:00
Title: Case T-561/10: Action brought on 8 December 2010 — LG Electronics v OHIM (DIRECT DRIVE)

5.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/17
            
         Action brought on 8 December 2010 — LG Electronics v OHIM (DIRECT DRIVE)
   (Case T-561/10)
   2011/C 38/32
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by: M. Graf, lawyer)
   
      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 22 September 2010 in case R 1027/2010-2;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark ‘DIRECT DRIVE’ for goods in classes 7 and 11 — Community trade mark application No 8797052
   
      Decision of the Examiner: Rejection of the application for registration
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of articles 7(1)(b) and (c) of Council Regulation No 207/2009, as the Board of Appeal failed to take into account prior Community trade marks and national registrations as well as a national application.