CELEX: 62009TN0201
Language: en
Date: 2009-05-22 00:00:00
Title: Case T-201/09: Action brought on 22 May 2009 — Rügen Fisch v OHIM — Schwaaner Fischwaren (SCOMBER MIX)

1.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 180/55
            
         Action brought on 22 May 2009 — Rügen Fisch v OHIM — Schwaaner Fischwaren (SCOMBER MIX)
   (Case T-201/09)
   2009/C 180/102
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Rügen Fisch AG (Sassnitz, Germany) (represented by: O. Spuhler and M. Geiz, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Schwaaner Fischwaren GmbH (Schwaandorf, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of OHIM of 20 March 2009 in Case R 230/2007-4;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘SCOMBER MIX’ for goods and services in classes 29 and 25 (Community trade mark No 3 227 031)
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity: Schwaaner Fischwaren GmbH
   
      Decision of the Cancellation Division: dismissal of the application for a declaration of invalidity
   
      Decision of the Board of Appeal: annulment of the decision of the Cancellation Division and partial declaration of invalidity of the Community trade mark
   
      Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009 (1)) on the grounds that the Community trade mark ‘SCOMBER MIX’ is not purely descriptive.
   
      (1)  Council Regulation (EC) No 207/2009 as of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)