Action brought on 21 June 2011 - Leifheit v OHIM (EcoPerfect)

(Case T-328/11)

Language of the case: German

Parties

Applicant: Leifheit AG (Nassau, Germany) (represented by G. Hasselblatt, lawyer)

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 31 March 2011 (Case R 1658/2010-1) and admit for publication in its entirety the Community trade mark 'EcoPerfect' (application No 8708745);

Order OHIM to bear its own costs and to pay those incurred by the applicant.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'EcoPerfect' for goods in class 21 - application No 8708745.

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 since the Community trade mark applied for, 'EcoPerfect', is not descriptive of the goods in class 21, nor does it lack any distinctive character.

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