Action brought on 17 July 2009 - Verband Deutscher Prädikats- und Qualitätsweingüter v OHIM (GG)
(Case T-278/09)
Language in which the application was lodged: German
Parties
Applicant: Verband Deutscher Prädikats- und Qualitätsweingüter eV (Gau-Algesheim, Germany) (represented by N. Schindler, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 April 2009 (Case R 1568/2008-1);
order OHIM to pay its own costs and those of the applicant.
Pleas in law and main arguments
Community trade mark concerned: the word mark 'GG' for goods in Class 33 (registration application No 6 388 284)
Decision of the Examiner: Refusal to register
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 75 due to a lack of reasons on which the decision was based and of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
1, since the trade mark applied for has the requisite distinctive character and there is no need for it to be allowed to remain available.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)