CELEX: 62011TN0050
Language: en
Date: 2011-01-24 00:00:00
Title: Case T-50/11: Action brought on 24 January 2011 — Fraas v OHIM (Dark grey, light grey, black, beige, dark red and light red coloured checked pattern)

19.3.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/22
            
         Action brought on 24 January 2011 — Fraas v OHIM (Dark grey, light grey, black, beige, dark red and light red coloured checked pattern)
   (Case T-50/11)
   2011/C 89/44
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by G. Würtenberger and R. Kunze, 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 1316/2010-4;
            
         
               —
            
            
               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 representing a dark grey, light grey, black, beige, dark red and light red coloured checked pattern for goods in Classes 18, 24, and 25
   
      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)(b) in conjunction with Article 7(2) of Regulation (EC) No 207/2009 (1), as the Community trade mark at issue has distinctive character, and infringement of Articles 75 and 76 of Regulation (EC) No 207/2009, as the Board of Appeal did not examine the extensive factual and legal submissions of the applicant.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).