Action brought on 6 July 2009 - i-content Ltd Zweigniederlassung Deutschland v OHIM (BETWIN)

(Case T-258/09)

Language in which the application was lodged: German

Parties

Applicant: i-content Ltd Zweigniederlassung Deutschland (Berlin, Germany) (represented by A. Nordermann, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2009in appeal case R 1528/2008-4 concerning Community trade mark application No 006849641 - word mark: BETWIN - and the earlier decision of the Office of 10 September 2008concerning Community trade mark application No 006849641 - word mark: BETWIN;

Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: word mark 'BETWIN' for services in Classes 35, 38 and 41 (application No 6849641)

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 Council Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Council Regulation (CE) No 207/2009¹) as the mark applied for has the requisite distinctive character and there is no need to maintain it in the public domain; Infringement of Article 79 of Regulation (EC) No 207/2009, the principle of equal treatment in connection with Articles 6 and 14 ECHR; infringement of Article 49 EC

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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).