CELEX: 62011TN0378
Language: en
Date: 2011-07-18 00:00:00
Title: Case T-378/11: Action brought on 18 July 2011 — Langguth Erben v OHIM (MEDINET)

10.9.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/55
            
         Action brought on 18 July 2011 — Langguth Erben v OHIM (MEDINET)
   (Case T-378/11)
   2011/C 269/121
   Language of the case: German
   
      Parties
   
   
      Applicant: Franz Wilhelm Langguth Erben GmbH & Co. KG (Traben-Trarbach, Germany) (represented by R. Kunze and G. Würtenberger, lawyers)
   
      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 10 May 2011 in Case R 1598/2010-4 relating to Community trade mark application No 8 786 485;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the figurative mark ‘MEDINET’ for goods in Class 33 — application No 8 786 485
   
      Decision of the Examiner: the registration of the mark with seniority of earlier national and international marks was refused
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Articles 34, 75 and 77 of Regulation No 207/2009 as the Board of Appeal (i) refused to register the seniority in an unlawful manner; (ii) did not examine the applicant’s submissions in respect of Board of Appeal decisions regarding claims of priority and seniority; and (iii) did not fix a date for oral proceedings.