Action brought on 17 July 2009 - Deutsche Steinzeug Cremer & Breuer v OHIM (CHROMA)

(Case T-281/09)

Language of the case: German

Parties

Applicant: Deutsche Steinzeug Cremer & Breuer AG (Frechen, Germany) (represented by J. Albrecht, lawyer)

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

Form of order sought

Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 8 May 2009, in so far as the application for registration of the mark in respect of the requested goods in Classes 19 and 11 was rejected;

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'CHROMA' for goods and services in Classes 11, 19 and 37 (Application No 6 731 103)

Decision of the Examiner: Registration rejected 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 207/2009, ¹ in that the word 'CHROMA' has no directly descriptive meaning.

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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).