Action brought on 7 December 2009 - LG Electronics v OHIM

(Case T-497/09)

Language in which the application was lodged: French

Parties

Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by J. Blanchard, lawyer)

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

Form of order sought

declare the present action to be admissible;

annul in part the decision made on 23 September 2009 by the First Board of Appeal of OHIM in so far as it dismissed in part an action brought by LG ELECTRONICS against the decision of 5 February 2009 refusing registration of the application for Community trade mark No 7 282 924 in so far as it applies to 'electronic vacuum cleaners';

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'KOMPRESSOR PLUS' for goods in Class 7 (Application No 7 282 924).

Decision of the Examiner: Rejection of the application for registration.

Decision of the Board of Appeal: Partial dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 207/2009 on the Community trade mark.

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