Action brought on 28 December 2009 - PAKI Logistics GmbH v OHIM

(Case T-526/09)

Language in which the application was lodged: German

Parties

Applicant: PAKI Logistics GmbH (Ennepetal, Germany) (represented by M. Bergermann, P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt and J. Vogtmeier, lawyers)

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 23 October 2009 (R 180/2007-1);

order the defendant to pay the costs of the proceedings, including those incurred in connection with the appeal.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'PAKI' for goods and services in Classes 6, 20, 37 and 39 (Application No 4 790 895)

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Error of law in the application of Article 7(1)(f) of Regulation No 207/2009¹ in conjunction with Article 7(2) of the same Regulation, since the mark applied for is not contrary to accepted principles of morality

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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).