CELEX: 62010TN0175
Language: en
Date: 2010-04-15 00:00:00
Title: Case T-175/10: Action brought on 15 April 2010 — Milux v OHIM (FERTILITYINVIVO)

19.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 161/50
            
         
      Action brought on 15 April 2010 — Milux v OHIM (FERTILITYINVIVO)
      (Case T-175/10)
      (2010/C 161/79)
      Language of the case: English
      
         Parties
      
      
         Applicant(s): Milux Holding SA (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 2 February 2010 in case R 1116/2009-4; and
               
            
                  —
               
               
                  Order the defendant to pay the costs.
               
            
         Pleas in law and main arguments
      
      
         Community trade mark concerned: The word mark ‘FERTILITYINVIVO’ 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 Articles 7(1)(b) and (c) of Council Regulation No 207/2009, as the Board of Appeal erred in its conclusion that the trade mark applied for is not eligible for registration as a Community trade mark because it does not possess sufficient inherent distinctiveness.