Action brought on 26 October 2010 - Nike International v OHIM (DYNAMIC SUPPORT)

(Case T-512/10)

Language of the case: English

Parties

Applicant: Nike International Ltd (Beaverton, USA) (represented by: M. de Justo Bailey, 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 25 August 2010 in case R 640/2010-4; and

Order the defendant to bear the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark "DYNAMIC SUPPORT" for goods in class 25 - Community trade mark application No 8299869

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant considers that the contested decision infringes Article 7(1)(c) of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in its assessment and wrongly concluded that this Article precludes the registration of the mark applied for.

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