Action brought on 21 March 2011 - Hopf v OHIM (Clampflex)

(Case T-171/11)

Language of the case: German

Parties

Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by V. Mensing, 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 19 January 2011 in Case R 1514/2010-4;

Order OHIM to pay the costs, including those incurred in the course of the appeal procedure.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'Clampflex' for goods in Classes 5, 9, 10, 17 and 20

Decision of the Examiner: partial 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 Regulation (EC) No 207/2009 ¹ as the Community trade mark in question has distinctive character and is not descriptive

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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)