Action brought on 21 May 2010 - Couture Tech Limited v OHMI (representation of an escutcheon containing the globe, a star, the hammer and sickle)

(Case T-232/10)

Language of the case: English

Parties

Applicant: Couture Tech Ltd (Tortola, British Virgin Islands) (represented by: B. Whyatt, Barrister)

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 5 March 2010 in case R 1509/2008-2; and

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: A figurative mark in colour representing an escutcheon with the globe, a star, the hammer and sickle for goods and services in classes 3, 14, 18, 23, 26 and 43 - Community trade mark application No 5585898

Decision of the examiner: Refused registration of the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant advances two pleas in law in support of its application

On the basis of its first plea, the applicant claims that the contested decision infringes Articles 7(1) and 7(2) of Council Regulation No 207/2009, as the Board of Appeal wrongly applied these articles to the Community trade mark application

By its second plea, the applicant considers that the contested decision fails to apply the rules of natural justice by not recognising the applicant's right to legitimate expectations that its Community trade mark application would be registered.

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