Action brought on 2 May 2011 - Fraas v OHIM (Dark grey, light grey, light blue, dark blue, ochre and beige coloured checked pattern)

(Case T-231/11)

Language of the case: German

Parties

Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by R. Kunze and G. Würtenberger, lawyers)

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

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of 4 March 2011 in Case R 2041/2010-4 relating to Community trade mark application No 008 423 626 (figurative mark);

Order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark representing a dark grey, light grey, light blue, dark blue, ochre and beige coloured checked pattern for goods in Classes 18, 24, and 25 - application No 8 423 626.

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) in conjunction with Article 7(2) of Regulation No 207/2009, as the Community trade mark at issue has distinctive character, and infringement of Articles 75 and 76 of Regulation No 207/2009, as the Board of Appeal did not examine the extensive factual and legal submissions of the applicant.

____________