CELEX: 62010TN0087
Language: en
Date: 2010-02-23 00:00:00
Title: Case T-87/10: Action brought on 23 February 2010 — Chestnut Medical Technologies v OHIM (PIPELINE)

17.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 100/67
            
         Action brought on 23 February 2010 — Chestnut Medical Technologies v OHIM (PIPELINE)
   (Case T-87/10)
   2010/C 100/98
   Language of the case: English
   
      Parties
   
   
      Applicant: Chestnut Medical Technologies, Inc. (Menlo Park, United States) (represented by: R. Kunz-Hallstein, H. Kunz-Hallstein, lawyers)
   
      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 10 December 2009 in case R 968/2009-2; and
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark ‘PIPELINE’ for goods in class 10
   
      Decision of the examiner: Refused the application for a Community trade mark
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its assessment that the Community trade mark concerned has a descriptive character; infringement of Articles 75 of Council Regulation No 207/2009 as the Board of Appeal, by ignoring arguments brought by the applicant, infringed upon the obligation to state the reasons on which the decision has been based.