CELEX: 62009TN0321
Language: en
Date: 2009-08-14 00:00:00
Title: Case T-321/09: Action brought on 14 August 2009 — skytron energy v OHIM (arraybox)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/68
            
         Action brought on 14 August 2009 — skytron energy v OHIM (arraybox)
   (Case T-321/09)
   2009/C 267/123
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: skytron energy GmbH & Co. KG (Berlin, Germany) (represented by H.-J. Omsels, 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 of 4 June 2009 in Case R 1680/2008-1;
            
         
               —
            
            
               In the alternative, refer the case back to the Office for Harmonisation in the Internal Market;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark ‘arraybox’ for goods and services in Classes 9, 37, 38 and 42 (application No 6 710 479)
   
      Decision of the Examiner: Registration refused
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 (1) as the sign applied for is not descriptive and has the requisite distinctive character.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).