Action brought on 1 November 2010 - Hamberger Industriewerke v OHIM (Atrium)

(Case T-513/10)

Language in which the application was lodged: German

Parties

Applicant: Hamberger Industriewerke GmbH (Stephanskirchen, Germany) (represented by T. Schmidpeter, lawyer)

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 26 August 2010 in Case R 291/2010-4;

Order the defendant to pay the costs, including the costs incurred in the course of the appeal procedure.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'Atrium' for goods in Classes 19 and 27.

Decision of the Examiner: Application refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 ¹, as the Community trade mark concerned is distinctive and not merely descriptive.

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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).