CELEX: 62011TN0231
Language: en
Date: 2011-05-02 00:00:00
Title: Case T-231/11: Action brought on 2 May 2011 — Fraas v OHIM (Dark grey, light grey, light blue, dark blue, ochre and beige coloured checked pattern)

13.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 238/18
            
         Action brought on 2 May 2011 — Fraas v OHIM (Dark grey, light grey, light blue, dark blue, ochre and beige coloured checked pattern)
   (Case T-231/11)
   2011/C 238/32
   Language of the case: German
   
      Parties
   
   
      Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by R. Kunze and G. Würtenberger, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of 4 March 2011 in Case R 2041/2010-4 relating to Community trade mark application No 008 423 626 (figurative mark);
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Figurative mark representing a dark grey, light grey, light blue, dark blue, ochre and beige coloured checked pattern for goods in Classes 18, 24, and 25 — application No 8 423 626.
   
      Decision of the Examiner: Partial rejection of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) in conjunction with Article 7(2) of Regulation No 207/2009, as the Community trade mark at issue has distinctive character, and infringement of Articles 75 and 76 of Regulation No 207/2009, as the Board of Appeal did not examine the extensive factual and legal submissions of the applicant.