CELEX: 62010TN0512
Language: en
Date: 2010-10-26 00:00:00
Title: Case T-512/10: Action brought on 26 October 2010 — Nike International v OHIM (DYNAMIC SUPPORT)

18.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 346/58
            
         Action brought on 26 October 2010 — Nike International v OHIM (DYNAMIC SUPPORT)
   (Case T-512/10)
   ()
   2010/C 346/112
   Language of the case: English
   
      Parties
   
   
      Applicant: Nike International Ltd (Beaverton, USA) (represented by: M. de Justo Bailey, 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 25 August 2010 in case R 640/2010-4; and
            
         
               —
            
            
               Order the defendant to bear the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark “DYNAMIC SUPPORT” for goods in class 25 — Community trade mark application No 8299869
   
      Decision of the examiner: Refused the application for a Community trade mark
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: The applicant considers that the contested decision infringes Article 7(1)(c) of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in its assessment and wrongly concluded that this Article precludes the registration of the mark applied for.