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Case T-497/09: Action brought on 7 December 2009 — LG Electronics v OHIM
ECLI:EU:UNKNOWN:62009TN0497
62009TN0497
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Valentina R., lawyer
13.2.2010
EN
Official Journal of the European Union
C 37/45
(Case T-497/09)
2010/C 37/64
Language in which the application was lodged: French
Parties
Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by J. Blanchard, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—declare the present action to be admissible;
—annul in part the decision made on 23 September 2009 by the First Board of Appeal of OHIM in so far as it dismissed in part an action brought by LG ELECTRONICS against the decision of 5 February 2009 refusing registration of the application for Community trade mark No 7 282 924 in so far as it applies to ‘electronic vacuum cleaners’;
—order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘KOMPRESSOR PLUS’ for goods in Class 7 (Application No 7 282 924).
Decision of the Examiner: Rejection of the application for registration.
Decision of the Board of Appeal: Partial dismissal of the appeal.
Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 207/2009 on the Community trade mark.