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Case T-328/10: Action brought on 10 August 2010 — Fraas v OHIM (Dark grey, light grey, beige and dark red coloured checked pattern)
ECLI:EU:UNKNOWN:62010TN0328
62010TN0328
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Valentina R., lawyer
23.10.2010
EN
Official Journal of the European Union
C 288/44
(Case T-328/10)
()
(2010/C 288/85)
Language in which the application was lodged: German
Parties
Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by G. Würtenberger and R. Kunze, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 June 2010 in Case R 190/2010-4;
—Order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: Figurative mark representing a dark grey, light grey, beige and dark red coloured checked pattern, for goods in Classes 18, 24 and 25.
Decision of the Examiner: Registration was refused.
Decision of the Board of Appeal: The appeal was dismissed.
Pleas in law: Infringement of Article 7(1)(b) in conjunction with Article 7(2) of Regulation (EC) No 207/2009 (1) since the Community trade mark concerned does have distinctive character, and infringement of Articles 75 and 76 of Regulation (EC) No 207/2009 as the Board of Appeal did not address the applicant's extensive factual and legal submissions.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).