Action brought on 17 February 2009 - hofherr communikation v OHIM (NATURE WATCH)

(Case T-77/09)

Language of the case: English

Parties

Applicant: hofherr communikation GmbH (Innsbruck, Austria) (represented by S. Warbek, 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 4 December 2008 in case R 1410/2008-1 and allow registration of the trade mark applied for; and

Order OHIM to pay the legal costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark "NATURE WATCH" for goods and services in classes 9, 39, 41 and 43 - international registration No WOO 957 541

Decision of the examiner: Refusal to register the mark applied for as a Community trade mark

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and 7(1)(c) of Council Regulation No 40/94 as the Board of Appeal wrongly concluded that the trade mark applied for is a descriptive one and, furthermore, that the trade mark applied for lacks distinctive character.

____________