Action brought on 6 May 2010 - Cree v OHIM (TRUEWHITE)
(Case T-208/10)
Language in which the application was lodged: German
Parties
Applicant: Cree Inc (Durham, USA) (represented by V. Schiller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 February 2010 in Case R 985/2009-2;
Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark 'TRUEWHITE' for goods in Classes 9 and 11.
Decision of the Examiner: Rejection of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 4, Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009,
1 because the trade mark concerned is distinctive.
Infringement of Article 7(1)(c) and Article 7(2) of Regulation (EC) No 207/2009,
2 because the trade mark concerned is not descriptive.