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Case T-208/10: Action brought on 6 May 2010 — Cree v OHIM (TRUEWHITE)
ECLI:EU:UNKNOWN:62010TN0208
62010TN0208
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Valentina R., lawyer
3.7.2010
EN
Official Journal of the European Union
C 179/53
(Case T-208/10)
(2010/C 179/91)
Language in which the application was lodged: German
Parties
Applicant: Cree Inc (Durham, USA) (represented by V. Schiller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 February 2010 in Case R 985/2009-2;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘TRUEWHITE’ for goods in Classes 9 and 11.
Decision of the Examiner: Rejection of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 4, Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009, (1) because the trade mark concerned is distinctive.
Infringement of Article 7(1)(c) and Article 7(2) of Regulation (EC) No 207/2009, (2) because the trade mark concerned is not descriptive.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).