I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
2011/C 211/60
Language of the case: English
Applicant: International Engine Intellectual Property Company, LLC (Warrenville, United States) (represented by: C. Thomas and B. Reiter, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 February 2011 in case R 2310/2010-2;
—Order the defendant to pay the costs of the proceedings;
—Set a date for an oral hearing for the case that findings of the General Court are not possible without an oral hearing.
Community trade mark concerned: The word mark ‘PURE POWER’ for goods in class 12
Decision of the Trade Marks Department: Refused the application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 7(1)(b), (c) and 7(2) of Council Regulation No 207/2009 as well as the ‘general principles of trademark law’, as the Board of Appeal found that the mark applied for was of descriptive character for the goods in respect of which registration was sought and devoid of any distinctiveness.