Action brought on 3 May 2010 - Strålfors Aktiebolag v OHMI (IDENTIFICATION SOLUTIONS)

(Case T-212/10)

Language of the case: English

Parties

Applicant: Strålfors AB (Malmö, Sweden) (represented by: M. Nielsen, lawyer)

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

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 January 2010 in case R 1112/2009-2;

Approve for registration the Community trade mark application No 8235186 "IDENTIFICATION SOLUTIONS" for "labels and boxes made from paper and cardboard (not for identification of individuals); bookbinding material; adhesives for stationery or household purposes, artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks" in class 16; and

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark "IDENTIFICATION SOLUTIONS" for goods in class 16 - Community trade mark application No 8235186

Decision of the examiner: Partially refused registration of the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal and confirmed the contested decision

Pleas in law: The applicant claims that the Community trade mark application No 8235186 "IDENTIFICATION SOLUTIONS" should be allowed for registration for goods in class 16 because "IDENTIFICATION SOLUTIONS" is distinctive for these goods and thus meets with the requirements according to Article 4 of Council Regulation No 207/2009.

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