This document is an excerpt from the EUR-Lex website
Document 62010TN0349
Case T-349/10: Action brought on 26 August 2010 — Milux v OHMI (OVUMCONTROL)
Case T-349/10: Action brought on 26 August 2010 — Milux v OHMI (OVUMCONTROL)
Case T-349/10: Action brought on 26 August 2010 — Milux v OHMI (OVUMCONTROL)
SL C 288, 23.10.2010, p. 53–53
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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23.10.2010 |
EN |
Official Journal of the European Union |
C 288/53 |
Action brought on 26 August 2010 — Milux v OHMI (OVUMCONTROL)
(Case T-349/10)
()
(2010/C 288/98)
Language of the case: English
Parties
Applicant: 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
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 June 2010 in case R 1436/2009-4; |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘OVUMCONTROL’ 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 Council Regulation No 207/2009, as the Board of Appeal misapplied the principle of non-discrimination to the facts in this case; in the alternative, infringement of Articles 7(1)(b) and 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its conclusion that the trade mark applied for does not possess sufficient inherent distinctiveness.