CELEX: 62010TN0283
Language: en
Date: 2010-06-25 00:00:00
Title: Case T-283/10: Action brought on 25 June 2010 — Milux v OHMI (BMICONTROL)

28.8.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 234/48
            
         Action brought on 25 June 2010 — Milux v OHMI (BMICONTROL)
   (Case T-283/10)
   ()
   2010/C 234/85
   Language of the case: English
   
      Parties
   
   
      Applicant: Milux Holding S.A. (Luxembourg, Luxembourg) (represented by: J. Bojs, lawyer)
   
      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 (Trade Marks and Designs) of 17 June 2010 in case R 1435/2009-4;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark ‘BMICONTROL’ for goods and services in classes 9, 10 and 44
   
      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 Council Regulation No 207/2009, as the Board of Appeal misapplied the principle of non-discrimination to the facts of this case; in the alternative, infringement of Articles 7(1)(b) and 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its conclusion that the trade mark applied for does not possess sufficient inherent distinctiveness.