CELEX: 62010TN0350
Language: en
Date: 2010-08-26 00:00:00
Title: Case T-350/10: Action brought on 26 August 2010 — Milux v OHMI (HEARTCONTROL)

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/53
            
         
      Action brought on 26 August 2010 — Milux v OHMI (HEARTCONTROL)
      (Case T-350/10)
      ()
      (2010/C 288/99)
      Language of the case: English
      
         Parties
      
      
         Applicant: Milux Holding SA (Luxembourg, Luxembourg) (represented by: J. Bojs, lawyer)
      
         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 2 July 2010 in case R 1437/2009-4;
               
            
                  —
               
               
                  Order the defendant to pay the costs.
               
            
         Pleas in law and main arguments
      
      
         Community trade mark concerned: The word mark ‘HEARTCONTROL’ for goods and services in classes 9, 10 and 44
      
         Decision of the examiner: Refused the application for a Community trade mark
      
         Decision of the Board of Appeal: Dismissed the appeal
      
         Pleas in law: Infringement of Council Regulation No 207/2009, as the Board of Appeal misapplied the principle of non-discrimination to the facts in this case; in the alternative, infringement of Articles 7(1)(b) and 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its conclusion that the trade mark applied for does not possess sufficient inherent distinctiveness.