Action brought on 12 May 2011 - International Engine Intellectual Property Company v OHIM (PURE POWER)

(Case T-248/11)

Language of the case: English

Parties

Applicant: International Engine Intellectual Property Company, LLC (Warrenville, United States) (represented by: C. Thomas and B. Reiter, lawyers)

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

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 February 2011 in case R 2310/2010-2;

Order the defendant to pay the costs of the proceedings;

Set a date for an oral hearing for the case that findings of the General Court are not possible without an oral hearing.

Pleas in law and main arguments

Community trade mark concerned: The word mark "PURE POWER" for goods in class 12

Decision of the Trade Marks Department: Refused the application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 7(1)(b), (c) and 7(2) of Council Regulation No 207/2009 as well as the "general principles of trademark law", as the Board of Appeal found that the mark applied for was of descriptive character for the goods in respect of which registration was sought and devoid of any distinctiveness.

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