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Case T-565/10: Action brought on 21 December 2010 — ThyssenKrupp Steel Europe v OHIM (Highprotect)
ECLI:EU:UNKNOWN:62010TN0565
62010TN0565
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19.2.2011
Official Journal of the European Union
C 55/26
(Case T-565/10)
2011/C 55/47
Language in which the application was lodged: German
Parties
Applicant: ThyssenKrupp Steel Europe AG (Duisburg, Germany) (represented by U. Ulrich, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 September 2010 in Case R 1038/2010-1;
—Order OHIM to pay the costs of the proceedings, including those incurred in the appeal proceedings.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘Highprotect’ for goods in Class 6.
Decision of the Examiner: Registration refused.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009, since the trade mark concerned is not devoid of distinctive character and is not descriptive.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)
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