CELEX: 62010TN0383
Language: en
Date: 2010-09-07 00:00:00
Title: Case T-383/10: Action brought on 7 September 2010 — Continental Bulldog Club Deutschland v OHIM

6.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 301/43
            
         Action brought on 7 September 2010 — Continental Bulldog Club Deutschland v OHIM
   (Case T-383/10)
   ()
   2010/C 301/69
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Continental Bulldog Club Deutschland eV (Berlin, Germany) (represented by S. Vollmer, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 June 2010 in Case R 300/2010-1;
            
         
               —
            
            
               In the alternative, annul the contested decision, in so far as it concerns goods and services in Class 44;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings, including those of the proceedings before the Board of Appeal.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Word mark ‘CONTINENTAL’ for goods in Classes 31 and 44.
   
      Decision of the Examiner: Registration was refused.
   
      Decision of the Board of Appeal: The appeal was dismissed.
   
      Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009, (1) since the Community trade mark in question is distinctive and is not descriptive.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).