Action brought on 30 November 2009 - medi v OHIM (medi)
(Case T-470/09)
Language in which the application was lodged: German
Parties
Applicant: medi GmbH & Co. KG (Bayreuth, Germany) (represented by H. Lindner und D. Terheggen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
Annul the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 October 2009 in Case R 692/2008-4, insofar as the complaint was dismissed;
annul OHIM's Decision of 26 February 2008 to refuse Community trade mark application No 5 378 021;
allow publication in full of Community trade mark application No 5 378 021;
order OHIM to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: Word mark 'medi' for goods and services in Classes 1, 3, 5, 9, 10, 17, 35, 38, 39, 41, 42 and 44 (Application No 5 378 021)
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Partial annulment of the Examiner's Decision
Pleas in law: Wrong application of Article 7(1)(b) of Regulation No 207/2009,
1 because the mark concerned does have the distinctive character required
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).