Action brought on 8 December 2010 - LG Electronics v OHIM (DIRECT DRIVE)

(Case T-561/10)

Language in which the application was lodged: English

Parties

Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by: M. Graf, 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 September 2010 in case R 1027/2010-2;

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark "DIRECT DRIVE" for goods in classes 7 and 11 - Community trade mark application No 8797052

Decision of the Examiner: Rejection of the application for registration

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of articles 7(1)(b) and (c) of Council Regulation No 207/2009, as the Board of Appeal failed to take into account prior Community trade marks and national registrations as well as a national application.

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