Action brought on 15 April 2010 - Milux v OHIM (FERTILITYINVIVO)
(Case T-175/10)
Language of the case: English
Parties
Applicant(s): Milux Holding SA (Luxembourg, Luxembourg) (represented by: J. Bojs, 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 2 February 2010 in case R 1116/2009-4; and
Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The word mark "FERTILITYINVIVO" for goods and services in classes 9, 10 and 44
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 Articles 7(1)(b) and (c) of Council Regulation No 207/2009, as the Board of Appeal erred in its conclusion that the trade mark applied for is not eligible for registration as a Community trade mark because it does not possess sufficient inherent distinctiveness.
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