Action brought on 23 February 2010 - Chestnut Medical Technologies v OHIM (PIPELINE)

(Case T-87/10)

Language of the case: English

Parties

Applicant: Chestnut Medical Technologies, Inc. (Menlo Park, United States) (represented by: R. Kunz-Hallstein, H. Kunz-Hallstein, lawyers)

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 10 December 2009 in case R 968/2009-2; and

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark "PIPELINE" for goods in class 10

Decision of the examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its assessment that the Community trade mark concerned has a descriptive character; infringement of Articles 75 of Council Regulation No 207/2009 as the Board of Appeal, by ignoring arguments brought by the applicant, infringed upon the obligation to state the reasons on which the decision has been based.

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