Action brought on 18 March 2010 - Hartmann v OHIM (Complete)

(Case T-123/10)

Language in which the application was lodged: German

Parties

Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by N. Aicher, lawyer)

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 (Trade Marks and Designs) of 20 January 2010 in Case R 601/2009-4;

order the defendant to pay the costs, including the costs of the proceedings before OHIM.

Pleas in law and main arguments

Community trade mark concerned: Word mark "Complete" for goods in classes 5 and 10 (Application No 7 432 024)

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)(c) of Regulation (EC) No 207/2009, ¹ in that the sign applied for in respect of the goods in question is not directly descriptive and, further, infringement of Article 7(1)(b) of Regulation No 207/2009 in that this sign does not lack the requisite distinctive character.

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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).