Action brought on 19 April 2010 - Apotheke DocMorris v OHIM (Representation of a green cross)
(Case T-173/10)
Language in which the application was lodged: German
Parties
Applicant: Apotheke DocMorris Holding GmbH (Stuttgart, Germany) (represented by Y. Dick, 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 15 February 2010 in Case R 1606/2008-4; and
Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Figurative mark, representing a green cross, for goods and services in Classes 3, 5, 8, 9, 10, 11, 16, 21, 25, 29, 30, 32, 35 to 42 and 44 (Application No 5 930 946).
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) of Regulation (EC) No 207/2009
1, as the Board of Appeal's finding of distinctiveness was in several respects incorrect.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).