CELEX: 62010TN0123
Language: en
Date: 2010-03-18 00:00:00
Title: Case T-123/10: Action brought on 18 March 2010 — Hartmann v OHIM (Complete)

22.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 134/45
            
         Action brought on 18 March 2010 — Hartmann v OHIM (Complete)
   (Case T-123/10)
   2010/C 134/73
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by N. Aicher, 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 20 January 2010 in Case R 601/2009-4;
            
         
               —
            
            
               order the defendant to pay the costs, including the costs of the proceedings before OHIM.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Word mark ‘Complete’ for goods in classes 5 and 10 (Application No 7 432 024)
   
      Decision of the Examiner: Rejection of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 207/2009, (1) in that the sign applied for in respect of the goods in question is not directly descriptive and, further, infringement of Article 7(1)(b) of Regulation No 207/2009 in that this sign does not lack the requisite distinctive character.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).