CELEX: 62010TN0208
Language: en
Date: 2010-05-06 00:00:00
Title: Case T-208/10: Action brought on 6 May 2010 — Cree v OHIM (TRUEWHITE)

3.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/53
            
         Action brought on 6 May 2010 — Cree v OHIM (TRUEWHITE)
   (Case T-208/10)
   2010/C 179/91
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Cree Inc (Durham, USA) (represented by V. Schiller, 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 17 February 2010 in Case R 985/2009-2;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘TRUEWHITE’ for goods in Classes 9 and 11.
   
      Decision of the Examiner: Rejection of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Article 4, Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009, (1) because the trade mark concerned is distinctive.
   Infringement of Article 7(1)(c) and Article 7(2) of Regulation (EC) No 207/2009, (2) because the trade mark concerned is not descriptive.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
   
      (2)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).