Action brought on 1 August 2011 - Hartmann v OHIM (Nutriskin Protection Complex)

(Case T-415/11)

Language of the case: German

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the General Court should:

annul the decision of the First Board of Appeal of OHIM of 26 May 2011 in Case R 1524/2010-1;

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

Pleas in law and main arguments

Community trade mark concerned: Wordmark 'Nutriskin Protection Complex' for Goods in Classes 3 and 5 - Application for registration Number 8 995 086.

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) and (c) of Regulation No 207/2009, since the Community trade mark application 'Nutriskin Protection Complex' in respect of the goods in Classes 3 and 5 is neither descriptive nor lacking in any distinctive character, because first the component 'Nutriskin' by reason of the unusual nature of the combination leads to a term, which creates no directly descriptive impression and because secondly the defendant did no more than infer the alleged lack of distinctive character from the descriptive significance of the registered trade mark.

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