CELEX: 62011TN0031
Language: en
Date: 2011-01-20 00:00:00
Title: Case T-31/11: Action brought on 20 January 2011 — Fraas v OHIM (tartan pattern in pink, violet, beige and dark grey colours)

5.3.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 72/32
            
         Action brought on 20 January 2011 — Fraas v OHIM (tartan pattern in pink, violet, beige and dark grey colours)
   (Case T-31/11)
   2011/C 72/49
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by R. Kunze and G. Würtenberger, 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 (Trade Marks and Designs) of 15 November 2010 in Case R 1284/2010-4;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Figurative mark, which shows a tartan pattern in pink, violet, beige and dark grey colours, for goods in classes 18, 24 and 25.
   
      Decision of the Examiner: Rejection of the registration.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Article 7(1)(b) read in conjunction with Article 7(2) of Regulation (EC) No 207/2009, (1) since the trade mark concerned is distinctive, and infringement of Articles 75 and 76 of Regulation (EC) No 207/2009 because the Board of Appeal failed to deal with the applicant’s extensive factual and legal submissions.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).