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Case T-209/10: Action brought on 5 May 2010 — Deutscher Ring v OHIM (Deutscher Ring Sachversicherungs-AG)
ECLI:EU:UNKNOWN:62010TN0209
62010TN0209
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Valentina R., lawyer
3.7.2010
EN
Official Journal of the European Union
C 179/54
(Case T-209/10)
(2010/C 179/92)
Language in which the application was lodged: German
Parties
Applicant: Deutscher Ring Sachversicherungs-AG (Hamburg, Germany) (represented by A. Busse, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2010 in Case R 1290/2009-1 and register the trade mark applied for; and
—Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘Deutscher Ring Sachversicherungs-AG’ for services in Class 36.
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)(b) and (c) of Regulation (EC) No 207/2009, (1) since the Community trade mark concerned is distinctive and not merely descriptive.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).