CELEX: 62011TN0328
Language: en
Date: 2011-06-21 00:00:00
Title: Case T-328/11: Action brought on 21 June 2011 — Leifheit v OHIM (EcoPerfect)

10.9.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/51
            
         Action brought on 21 June 2011 — Leifheit v OHIM (EcoPerfect)
   (Case T-328/11)
   2011/C 269/113
   Language of the case: German
   
      Parties
   
   
      Applicant: Leifheit AG (Nassau, Germany) (represented by G. Hasselblatt, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 March 2011 (Case R 1658/2010-1) and admit for publication in its entirety the Community trade mark ‘EcoPerfect’ (application No 8708745);
            
         
               —
            
            
               Order OHIM to bear its own costs and to pay those incurred by the applicant.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Word mark ‘EcoPerfect’ for goods in class 21 — application No 8708745.
   
      Decision of the Examiner: Registration refused.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 since the Community trade mark applied for, ‘EcoPerfect’, is not descriptive of the goods in class 21, nor does it lack any distinctive character.