Action brought on 20 March 2012 - Interroll v OHIM (Inspired by efficiency)

(Case T-126/12)

Language of the case: German

Parties

Applicant: Interroll Holding AG (Sant' Antonino, Switzerland) (represented by R. Böhm, 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 12 January 2012 (Case R 1280/2011-1);

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'Inspired by efficiency' (application No 9 725 359) for goods and services in classes 6, 7, 9, 20, 35, 39 and 42.

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the trade mark applied for has distinctive character and is not descriptive of the goods and services at issue in the proceedings.

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