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Case T-14/10: Action brought on 18 January 2010 — CheckMobile v OHIM (carcheck)
ECLI:EU:UNKNOWN:62010TN0014
62010TN0014
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Valentina R., lawyer
27.3.2010
EN
Official Journal of the European Union
C 80/35
(Case T-14/10)
2010/C 80/59
Language in which the application was lodged: German
Parties
Applicant: CheckMobile GmbH — The Process Solution Company (Hamburg, Germany) (represented by K. Lodigkeit, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 18. November 2009 (Case R 595/2009-4), in so far as it dismissed the application for registration of ‘carcheck’ in accordance with Article 7(1)(c) of Regulation No 40/94,
—order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘carcheck’ for goods and services in Classes 9, 16, 35, 36, 38, 41, 42 and 45 (Application No 7 368 681)
Decision of the Examiner: Partial refusal of registration
Decision of the Board of Appeal: Partial annulment of the Examiner’s Decision
Pleas in law: Infringement of Article 7(1)(c) of Regulation No 40/94, since the Board of Appeal interpreted the absolute ground for refusal to register a mark, based on the exclusively descriptive character of the signs of which it consists, too broadly
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1)