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Case T-77/09: Action brought on 17 February 2009 — hofherr communikation v OHIM (NATURE WATCH)
ECLI:EU:UNKNOWN:62009TN0077
62009TN0077
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Valentina R., lawyer
18.4.2009
EN
Official Journal of the European Union
C 90/34
(Case T-77/09)
2009/C 90/53
Language of the case: English
Parties
Applicant: hofherr kommunikation GmbH (Innsbruck, Austria) (represented by S. Warbek, 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 (Trade Marks and Designs) of 4 December 2008 in case R 1410/2008-1 and allow registration of the trade mark applied for; and
—Order OHIM to pay the legal costs.
Pleas in law and main arguments
Community trade mark concerned: The word mark “NATURE WATCH” for goods and services in classes 9, 39, 41 and 43 — international registration No WOO 957 541
Decision of the examiner: Refusal to register the mark applied for as a Community trade mark
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) and 7(1)(c) of Council Regulation No 40/94 as the Board of Appeal wrongly concluded that the trade mark applied for is a descriptive one and, furthermore, that the trade mark applied for lacks distinctive character.