Action brought on 29 July 2009 - Gühring v OHIM (combination of the colours broom yellow and silver grey)
(Case T-299/09)
Language in which the application was lodged: German
Parties
Applicant: Gühring OHG (Albstadt, Germany) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
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 OHIM of 30. April 2009 in Case R 1330/2008-1;
- Annul the decision of the defendant's Examination Division dated 21 July 2008, in which it refused registration of the applicant's mark Nr. 6 703 581;
- Declare, that the trade mark applied for No. 6 703 581 complies with the conditions laid down in Article 7(1)(b) of Regulation (EC) No 207/2009
1;
in the alternative,
- Annul the decision of the First Board of Appeal of OHIM of 30. April 2009 in Case R 1330/2008-1;
- Order the defendant to pay the costs, including those incurred by the applicant before the Board of Appeal.
Pleas in law and main arguments
Community trade mark concerned: a mark made up of a combination of the colours of broom yellow and silver grey for goods in Class 7 (registration application No. 6 703 581)
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Rejection of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009, because the trade mark applied for has a distinctive character. In addition, infringement of procedural law, in particular of Articles 75 and 76(1) of Regulation No 207/2009
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)