CELEX: 62012TN0033
Language: en
Date: 2012-01-23 00:00:00
Title: Case T-33/12: Action brought on 23 January 2012 — Piotrowski v OHIM (MEDIGYM)

17.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 80/24
            
         Action brought on 23 January 2012 — Piotrowski v OHIM (MEDIGYM)
   (Case T-33/12)
   2012/C 80/40
   Language of the case: German
   
      Parties
   
   
      Applicant: Elke Piotrowski (Viernheim, Germany) (represented by J. Albrecht, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 November 2011 in Case R 734/2011-4;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘MEDIGYM’ for goods in Class 10
   
      Decision of the Examiner: the application was rejected
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 75 of Regulation No 207/2009 as the Board of Appeal’s decision was based on reasons on which the applicant had had no opportunity to present her comments and infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the Community trade mark at issue was refused protection pursuant to Article 154(3) and Article 37(1) of Regulation No 207/2009 even though the mark was not ineligible for registration either under Article 7(1)(b) or Article 7(1)(c) of Regulation No 207/2009