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 130/27
Language of the case: English
Applicant: American Express Marketing & Development Corp. (New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda and S. Kirschstein-Freund, 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 1 December 2010 in case R 1125/2010-2;
—In the alternative, amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 December 2010 in case R 1125/2010-2, and rule that the appeal is justified;
—Order the defendant to pay the costs of the appeal proceedings and of the proceedings before the Court.
Community trade mark concerned: The word mark ‘IP ZONE’ for services in class 42
Decision of the Examiner: Refused the application for a Community trade mark
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009, as the Board of Appeal found that the trade mark lacks the necessary distinctiveness and is descriptive with respect to the services in question.