Action brought on 29 March 2012 - Bayerische Motoren Werke v OHIM (ECO PRO)

(Case T-145/12)

Language of the case: English

Parties

Applicant: Bayerische Motoren Werke AG (München, Germany) (represented by: C. Onken, 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 18 January 2012 in case R 1418/2011-4;

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark "ECO PRO" for goods in classes 9 and 12 - International Registration (IR) No W 1059979

Decision of the Examiner: Refused protection of the International Registration designating the European Union.

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assumed that the International Registration of the applicant's trademark was devoid of distinctive character within the meaning of this article.

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