Action brought on 24 January 2011 - Fraas v OHIM (Dark grey, light grey, black, beige, dark red and light red coloured checked pattern)

(Case T-50/11)

Language in which the application was lodged: German

Parties

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

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 November 2010 in Case R 1316/2010-4;

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, black, beige, dark red and light red coloured checked pattern for goods in Classes 18, 24, and 25

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) in conjunction with Article 7(2) of Regulation (EC) No 207/2009¹, as the Community trade mark at issue has distinctive character, and infringement of Articles 75 and 76 of Regulation (EC) No 207/2009, as the Board of Appeal did not examine the extensive factual and legal submissions of the applicant.

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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).