CELEX: 62009TN0470
Language: en
Date: 2009-11-30 00:00:00
Title: Case T-470/09: Action brought on 30 November 2009 — medi v OHIM (medi)

30.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/62
            
         Action brought on 30 November 2009 — medi v OHIM (medi)
   (Case T-470/09)
   2010/C 24/110
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: medi GmbH & Co. KG (Bayreuth, Germany) (represented by H. Lindner und D. Terheggen, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 October 2009 in Case R 692/2008-4, insofar as the complaint was dismissed;
            
         
               —
            
            
               annul OHIM’s Decision of 26 February 2008 to refuse Community trade mark application No 5 378 021;
            
         
               —
            
            
               allow publication in full of Community trade mark application No 5 378 021;
            
         
               —
            
            
               order OHIM to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Word mark ‘medi’ for goods and services in Classes 1, 3, 5, 9, 10, 17, 35, 38, 39, 41, 42 and 44 (Application No 5 378 021)
   
      Decision of the Examiner: Refusal of the application
   
      Decision of the Board of Appeal: Partial annulment of the Examiner’s Decision
   
      Pleas in law: Wrong application of Article 7(1)(b) of Regulation No 207/2009, (1) because the mark concerned does have the distinctive character required
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).