CELEX: 62010TN0014
Language: en
Date: 2010-01-18 00:00:00
Title: Case T-14/10: Action brought on 18 January 2010 — CheckMobile v OHIM (carcheck)

27.3.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 80/35
            
         Action brought on 18 January 2010 — CheckMobile v OHIM (carcheck)
   (Case T-14/10)
   2010/C 80/59
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: CheckMobile GmbH — The Process Solution Company (Hamburg, Germany) (represented by K. Lodigkeit, 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 18. November 2009 (Case R 595/2009-4), in so far as it dismissed the application for registration of ‘carcheck’ in accordance with Article 7(1)(c) of Regulation No 40/94,
            
         
               —
            
            
               order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘carcheck’ for goods and services in Classes 9, 16, 35, 36, 38, 41, 42 and 45 (Application No 7 368 681)
   
      Decision of the Examiner: Partial refusal of registration
   
      Decision of the Board of Appeal: Partial annulment of the Examiner’s Decision
   
      Pleas in law: Infringement of Article 7(1)(c) of Regulation No 40/94 (1), since the Board of Appeal interpreted the absolute ground for refusal to register a mark, based on the exclusively descriptive character of the signs of which it consists, too broadly
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1)