I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
2010/C 100/98
Language of the case: English
Applicant: Chestnut Medical Technologies, Inc. (Menlo Park, United States) (represented by: R. Kunz-Hallstein, H. Kunz-Hallstein, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 December 2009 in case R 968/2009-2; and
—Order the defendant to pay the costs.
Community trade mark concerned: The word mark ‘PIPELINE’ for goods in class 10
Decision of the examiner: Refused the application for a Community trade mark
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its assessment that the Community trade mark concerned has a descriptive character; infringement of Articles 75 of Council Regulation No 207/2009 as the Board of Appeal, by ignoring arguments brought by the applicant, infringed upon the obligation to state the reasons on which the decision has been based.