Action brought on 2 December 2011 - BSH v OHIM (ecodoor)

(Case T-625/11)

Language of the case: German

Parties

Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by S. Biagosch, 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) (OHIM) of 22 September 2011 in Case R 340/2011-1;

Order OHIM to bear its own costs and to pay the costs of the applicant.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'ecoDoor' for goods in Classes 7, 9 and 11

Decision of the Examiner: Refusal of registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009, since the Community mark concerned is distinctive and not purely descriptive.

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