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Case T-123/10: Action brought on 18 March 2010 — Hartmann v OHIM (Complete)
ECLI:EU:UNKNOWN:62010TN0123
62010TN0123
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22.5.2010
EN
Official Journal of the European Union
C 134/45
(Case T-123/10)
2010/C 134/73
Language in which the application was lodged: German
Parties
Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by N. Aicher, lawyer)
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 20 January 2010 in Case R 601/2009-4;
—order the defendant to pay the costs, including the costs of the proceedings before OHIM.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘Complete’ for goods in classes 5 and 10 (Application No 7 432 024)
Decision of the Examiner: Rejection of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 207/2009, in that the sign applied for in respect of the goods in question is not directly descriptive and, further, infringement of Article 7(1)(b) of Regulation No 207/2009 in that this sign does not lack the requisite distinctive character.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).