Action brought on 16 January 2012 - Fomanu v OHIM (Qualität hat Zukunft)

(Case T-22/12)

Language of the case: German

Parties

Applicant: Fomanu AG (Neustadt a.d. Waldnaab, Germany) (represented by T. Raible)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 October 2011 in Case R 1518/2011-1;

order OHIM to pay the costs of the these proceedings and those incurred before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'Qualität hat Zukunft' for goods and services in Classes 9, 16 and 40.

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009, since the Community trade mark concerned is distinctive.

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