Action brought on 21 April 2009 - Ilink Kommunikationssysteme v OHIM (ilink)

(Case T-161/09)

Language in which the application was lodged: German

Parties

Applicant: Ilink Kommunikationssysteme GmbH (Berlin, Germany) (represented by B. Schütze, lawyer)

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

Form of order sought

Annul the contested decision of the Office for Harmonisation in the Internal Market of 5 February 2009 in Case R 1849/2007-4; and

order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'ilink' for goods and services in Classes 9, 16, 38 and 42

Decision of the Examiner: Registration refused in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 ¹), since the trade mark applied for has the requisite distinctive character and there is no need for it to be allowed to remain available.

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¹ - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).