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Case T-424/07: Action brought on 20 November 2007 — Pioneer Hi-Bred International v OHIM (OPTIMUM)
ECLI:EU:UNKNOWN:62007TN0424
62007TN0424
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12.1.2008
EN
Official Journal of the European Union
C 8/29
(Case T-424/07)
(2008/C 8/51)
Language of the case: English
Parties
Applicant: Pioneer Hi-Bred International Inc. (Johnston, United States) (represented by: G. Würtenberger, R. Kunze, and T. Wittmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—The decision of the Second Board of Appeal of 11 September 2007 in Case R 288/2007-2 concerning Community trade mark application No 4 893 053 ‘OPTIMUM’ be annulled;
—defendant pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘OPTIMUM’ for goods in class 1 — application No 4 893 053
Decision of the examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Articles 7(1)(b) and (c), 7(2), 73 and 74 of Council Regulation No 40/94 by not taking into consideration the fact that the goods in question address a specialised public and by not supporting the decision on evidence of use of the trade mark applied for.