CELEX: 62010TN0328
Language: en
Date: 2010-08-10 00:00:00
Title: Case T-328/10: Action brought on 10 August 2010 — Fraas v OHIM (Dark grey, light grey, beige and dark red coloured checked pattern)

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/44
            
         
      Action brought on 10 August 2010 — Fraas v OHIM (Dark grey, light grey, beige and dark red coloured checked pattern)
      (Case T-328/10)
      ()
      (2010/C 288/85)
      Language in which the application was lodged: German
      
         Parties
      
      
         Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by G. Würtenberger and R. Kunze, lawyers)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
      
         Form of order sought
      
      
                  —
               
               
                  Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 June 2010 in Case R 190/2010-4;
               
            
                  —
               
               
                  Order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings.
               
            
         Pleas in law and main arguments
      
      
         Community trade mark concerned: Figurative mark representing a dark grey, light grey, beige and dark red coloured checked pattern, for goods in Classes 18, 24 and 25.
      
         Decision of the Examiner: Registration was refused.
      
         Decision of the Board of Appeal: The appeal was dismissed.
      
         Pleas in law: Infringement of Article 7(1)(b) in conjunction with Article 7(2) of Regulation (EC) No 207/2009 (1) since the Community trade mark concerned does have distinctive character, and infringement of Articles 75 and 76 of Regulation (EC) No 207/2009 as the Board of Appeal did not address the applicant's extensive factual and legal submissions.
      
         (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).