CELEX: 62009TN0487
Language: en
Date: 2009-12-07 00:00:00
Title: Case T-487/09: Action brought on 7 December 2009 — ReValue Immobilienberatung v OHIM (ReValue)

13.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/41
            
         Action brought on 7 December 2009 — ReValue Immobilienberatung v OHIM (ReValue)
   (Case T-487/09)
   2010/C 37/58
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: ReValue Immobilienberatung GmbH (Berlin, Germany) (represented by S. Fischoeder and M. Schork, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 7 October 2009 in Case R 531/2009-4;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the figurative mark ‘ReValue’ for services in classes 35, 36, 42 and 45 (Application No 6 784 292)
   
      Decision of the Examiner: registration rejected partially
   
      Decision of the Board of Appeal: appeal dismissed
   
      Pleas in law: infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1), on the grounds that the sign applied for is not descriptive in relation to the services in question and is not devoid of any distinctive character; infringement of Article 75 of Regulation No 207/2009, on the ground that the contested decision was not sufficiently reasoned in the necessary sections.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).