29.8.2009

EN

Official Journal of the European Union

C 205/46

(Case T-263/09)

2009/C 205/84

Language of the case: English

Parties

Applicant(s): Mannatech, Inc. (Coppell, United States) (represented by R. Niebel and C. Steuer, 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 26 March 2009 in case R 100/2009-1; and

—Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark “BOUNCEBACK” for goods in class 5

Decision of the examiner: Refused the applicant’s trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (2) of Council Regulation 207/2009 as the Board of Appeal erred in its application of the legal standards laid down in the said legal provisions.