CELEX: 62011TN0313
Language: en
Date: 2011-06-16 00:00:00
Title: Case T-313/11: Action brought on 16 June 2011 — Heede v OHIM (Matrix-Energetics)

13.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 238/32
            
         Action brought on 16 June 2011 — Heede v OHIM (Matrix-Energetics)
   (Case T-313/11)
   2011/C 238/54
   Language of the case: German
   
      Parties
   
   
      Applicant: Günter Heede (Walldorf-Baden, Germany) (represented by R. Utz, lawyer)
   
      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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 April 2011 in Case R 1848/2010-4;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘Matrix-Energetics’ for services in Classes 35, 41 and 44 — application No 8 339 798
   
      Decision of the Examiner: Rejection of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the descriptive character of the mark applied for cannot be determined and the mark applied for has the necessary distinctive character; the Board of Appeal erred in making print-outs from the internet, which dated from after the date of filing of the application for registration, the subject-matter of its decision; and furthermore isolated, illegal instances of use of an originally distinctive (fanciful) description on the part of third parties, which commenced after the date of filing, cannot have a negative influence on the registrability of a Community trade mark.