This document is an excerpt from the EUR-Lex website
Document 62011TN0328
Case T-328/11: Action brought on 21 June 2011 — Leifheit v OHIM (EcoPerfect)
Case T-328/11: Action brought on 21 June 2011 — Leifheit v OHIM (EcoPerfect)
Case T-328/11: Action brought on 21 June 2011 — Leifheit v OHIM (EcoPerfect)
OJ C 269, 10.9.2011, p. 51–51
(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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10.9.2011 |
EN |
Official Journal of the European Union |
C 269/51 |
Action brought on 21 June 2011 — Leifheit v OHIM (EcoPerfect)
(Case T-328/11)
2011/C 269/113
Language of the case: German
Parties
Applicant: Leifheit AG (Nassau, Germany) (represented by G. Hasselblatt, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 March 2011 (Case R 1658/2010-1) and admit for publication in its entirety the Community trade mark ‘EcoPerfect’ (application No 8708745); |
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Order OHIM to bear its own costs and to pay those incurred by the applicant. |
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘EcoPerfect’ for goods in class 21 — application No 8708745.
Decision of the Examiner: Registration refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 since the Community trade mark applied for, ‘EcoPerfect’, is not descriptive of the goods in class 21, nor does it lack any distinctive character.