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Case T-526/09: Action brought on 28 December 2009 — PAKI Logistics GmbH v OHIM
ECLI:EU:UNKNOWN:62009TN0526
62009TN0526
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Valentina R., lawyer
27.3.2010
EN
Official Journal of the European Union
C 80/31
(Case T-526/09)
2010/C 80/53
Language in which the application was lodged: German
Parties
Applicant: PAKI Logistics GmbH (Ennepetal, Germany) (represented by M. Bergermann, P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt and J. Vogtmeier, lawyers)
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 23 October 2009 (R 180/2007-1);
—order the defendant to pay the costs of the proceedings, including those incurred in connection with the appeal.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘PAKI’ for goods and services in Classes 6, 20, 37 and 39 (Application No 4 790 895)
Decision of the Examiner: Registration refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Error of law in the application of Article 7(1)(f) of Regulation No 207/2009 (1) in conjunction with Article 7(2) of the same Regulation, since the mark applied for is not contrary to accepted principles of morality
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).