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Case T-171/11: Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)
ECLI:EU:UNKNOWN:62011TN0171
62011TN0171
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Valentina R., lawyer
14.5.2011
EN
Official Journal of the European Union
C 145/35
(Case T-171/11)
2011/C 145/58
Language of the case: German
Parties
Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by V. Mensing, 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 19 January 2011 in Case R 1514/2010-4;
—Order OHIM to pay the costs, including those incurred in the course of the appeal procedure.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘Clampflex’ for goods in Classes 5, 9, 10, 17 and 20
Decision of the Examiner: partial rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1) as the Community trade mark in question has distinctive character and is not descriptive
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)
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Language of the case: German
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