Action brought on 5 May 2010 - Deutscher Ring v OHIM (Deutscher Ring Sachversicherungs-AG)

(Case T-209/10)

Language in which the application was lodged: German

Parties

Applicant: Deutscher Ring Sachversicherungs-AG (Hamburg, Germany) (represented by A. Busse, 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) of 11 March 2010 in Case R 1290/2009-1 and register the trade mark applied for; and

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'Deutscher Ring Sachversicherungs-AG' for services in Class 36.

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

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

____________

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