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Case T-487/09: Action brought on 7 December 2009 — ReValue Immobilienberatung v OHIM (ReValue)
ECLI:EU:UNKNOWN:62009TN0487
62009TN0487
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13.2.2010
Official Journal of the European Union
C 37/41
(Case T-487/09)
2010/C 37/58
Language in which the application was lodged: German
Parties
Applicant: ReValue Immobilienberatung GmbH (Berlin, Germany) (represented by S. Fischoeder and M. Schork, lawyers)
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 7 October 2009 in Case R 531/2009-4;
—order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the figurative mark ‘ReValue’ for services in classes 35, 36, 42 and 45 (Application No 6 784 292)
Decision of the Examiner: registration rejected partially
Decision of the Board of Appeal: appeal dismissed
Pleas in law: infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1), on the grounds that the sign applied for is not descriptive in relation to the services in question and is not devoid of any distinctive character; infringement of Article 75 of Regulation No 207/2009, on the ground that the contested decision was not sufficiently reasoned in the necessary sections.
* * *
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).