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Case T-88/15: Action brought on 20 February 2015 — Aston Martin Lagonda v OHIM (Representation of a radiator grille)
ECLI:EU:UNKNOWN:62015TN0088
62015TN0088
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27.4.2015
Official Journal of the European Union
C 138/59
(Case T-88/15)
(2015/C 138/77)
Language of the case: English
Parties
Applicant: Aston Martin Lagonda Ltd (Gaydon, United Kingdom) (represented by: D. Farnsworth, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Details of the proceedings before OHIM
Trade mark at issue: Community mark indicated as ‘other’ representing a radiator grille — Application for registration No 1 1 8 67 173
Contested decision: Decision of the Second Board of Appeal of OHIM of 22 December 2014 in Case R 1798/2014-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision insofar as it upheld the conclusion of the examiner that the mark applied for prima facie lacked distinctive character for the goods and services in question;
—allow the community trade mark application no. 1 1 8 67 173 to proceed to publication;
—order OHIM to pay the costs.
Plea in law
—Infringement of Article 7(1)(b) of Regulation No 207/2009.