CELEX: 62009TN0077
Language: en
Date: 2009-02-17 00:00:00
Title: Case T-77/09: Action brought on 17 February 2009 — hofherr communikation v OHIM (NATURE WATCH)

18.4.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 90/34
            
         Action brought on 17 February 2009 — hofherr communikation v OHIM (NATURE WATCH)
   (Case T-77/09)
   2009/C 90/53
   Language of the case: English
   
      Parties
   
   
      Applicant: hofherr communikation GmbH (Innsbruck, Austria) (represented by S. Warbek, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 December 2008 in case R 1410/2008-1 and allow registration of the trade mark applied for; and
            
         
               —
            
            
               Order OHIM to pay the legal costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark “NATURE WATCH” for goods and services in classes 9, 39, 41 and 43 — international registration No WOO 957 541
   
      Decision of the examiner: Refusal to register the mark applied for as a Community trade mark
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and 7(1)(c) of Council Regulation No 40/94 as the Board of Appeal wrongly concluded that the trade mark applied for is a descriptive one and, furthermore, that the trade mark applied for lacks distinctive character.