CELEX: 62011TN0242
Language: en
Date: 2011-05-09 00:00:00
Title: Case T-242/11: Action brought on 9 May 2011 — Kaltenbach & Voigt v OHIM (3D eXam)

16.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/27
            
         Action brought on 9 May 2011 — Kaltenbach & Voigt v OHIM (3D eXam)
   (Case T-242/11)
   2011/C 211/59
   Language of the case: English
   
      Parties
   
   
      Applicant: Kaltenbach & Voigt GmbH (Biberach an der Riß, Germany) (represented by: M. Graf, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2011 in case R 2361/2010-2;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The figurative mark in words ‘3D eXam’ for goods in class 10
   
      Decision of the Examiner: Refused the protection of the international registration to the European Union pursuant to Article 7(1)(b), (c) and Article 2 CTMR
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009 and the failure to take into account prior national registrations/grants of protection, as the International registration at issue: (i) is not purely descriptive, and; (ii) exhibits distinctiveness as the relevant public will consider the sign ‘3D eXam’ as an indication of trade origin.