CELEX: 62009TN0300
Language: en
Date: 2009-07-29 00:00:00
Title: Case T-300/09: Action brought on 29 July 2009 — Gühring OHG v OHIM (combination of the colours ochre yellow and silver grey)

24.10.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 256/28
            
         Action brought on 29 July 2009 — Gühring OHG v OHIM (combination of the colours ochre yellow and silver grey)
   (Case T-300/09)
   2009/C 256/52
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Gühring OHG (Albstadt, Germany) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
   
      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 OHIM of 30. April 2009 in Case R 1329/2008-1;
            
         
               —
            
            
               Annul the decision of the defendant’s Examination Division dated 22 July 2008, in which it refused registration of the applicant’s mark Nr. 6 703 565;
            
         
               —
            
            
               Declare, that the trade mark applied for No. 6 703 565 complies with the conditions laid down in Article 7(1)(b) of Regulation (EC) No 207/2009 (1);
               in the alternative,
            
         
               —
            
            
               Annul the decision of the First Board of Appeal of OHIM of 30. April 2009 in Case R 1329/2008-1;
            
         
               —
            
            
               Order the defendant to pay the costs, including those incurred by the applicant before the Board of Appeal.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: a mark made up of the combination of the colours of ochre yellow and silver grey for goods in Class 7 (registration application No. 6 703 565)
   
      Decision of the Examiner: Refusal of the application
   
      Decision of the Board of Appeal: Rejection of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009 because the trade mark applied for has a distinctive character. In addition, infringement of procedural law, in particular of Articles 75 and 76 (1) of Regulation No 207/2009
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)