Action brought on 2 October 2009 - Rosenruist v OHIM (Representation of two curves crossed at one point inserted on a pocket)

(Case T-388/09)

Language of the case: English

Parties

Applicant(s): Rosenruist - Gestão e serviços, Lda (Funchal, Portugal) (represented by S. Gonzáles Malabia and S. Rizzo, lawyers)

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 18 June 2009 in case R 237/2009-2; and

Order the defendant to pay its own costs and those of the applicant

Pleas in law and main arguments

Community trade mark concerned: The mark representing two curves crossed at one point inserted on a pocket for goods and services in classes 18 and 25

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation 40/94 (which became Article 7(1)(b) of Council Regulation 207/2009) as the Board of Appeal wrongly found that the Community trade mark concerned lacked inherent distinctiveness.

____________