Action brought on 7 September 2010 - Continental Bulldog Club Deutschland v OHIM

(Case T-383/10)

Language in which the application was lodged: German

Parties

Applicant: Continental Bulldog Club Deutschland eV (Berlin, Germany) (represented by S. Vollmer, 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 23 June 2010 in Case R 300/2010-1;

In the alternative, annul the contested decision, in so far as it concerns goods and services in Class 44;

Order the defendant to pay the costs of the proceedings, including those of the proceedings before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'CONTINENTAL' for goods in Classes 31 and 44.

Decision of the Examiner: Registration was refused.

Decision of the Board of Appeal: The appeal was dismissed.

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009, ¹ since the Community trade mark in question is distinctive 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).