Action brought on 13 May 2015 – Vince v OHIM (ELECTRIC HIGHWAY)

(Case T-315/15)

Language of the case: English

Parties

Applicant: Dale Vince (Gloucestershire, United Kingdom) (represented by: B. Longstaff, barrister)

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

Details of the proceedings before OHIM

Trade mark at issue: Community word mark ‘ELECTRIC HIGHWAY’ – Application for registration No 010655819

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 3 March 2015 in Case R 1442/2014-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

allow the applicant’s application for the mark to proceed in full to registration;

order OHIM to pay its own costs and those of the applicant.

Pleas in law

Incorrect interpretation of the meaning of the mark in relation to Article 7(1)(c) of Regulation No 207/2009;

Incorrect interpretation of the relevant services in Class 39;

The meaning of the mark asserted by the Board does not describe the services in any event;

Incorrect application of Article 7(1)(b) of Regulation No 207/2009.

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