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Case T-371/11: Action brought on 11 July 2011 — Monier Roofing Components v OHIM (CLIMA COMFORT)
ECLI:EU:UNKNOWN:62011TN0371
62011TN0371
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Valentina R., lawyer
10.9.2011
Official Journal of the European Union
C 269/54
(Case T-371/11)
2011/C 269/119
Language of the case: German
Parties
Applicant: Monier Roofing Components GmbH (Oberursel, Germany) (represented by F. Ekey, 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 28 April 2011 in Case R 2026/2010-1;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘CLIMA COMFORT’ for goods in class 17 — application No 9175324.
Decision of the Examiner: Registration refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) and Articles 75 and 76 of Regulation No 207/2009 in so far as (i) the Board of Appeal proceeded on the basis of erroneous physical findings, without hearing the applicant in that respect; (ii) the Board of Appeal was under a duty to establish the facts of its own motion; and (iii) the Board of Appeal erred in its assessment of the quality and intended purpose of the goods in question and in its findings as to the significance of the sign ‘CLIMA COMFORT’ in relation to the goods in question.