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Document 62009TN0487

    Case T-487/09: Action brought on 7 December 2009 — ReValue Immobilienberatung v OHIM (ReValue)

    OJ C 37, 13.2.2010, p. 41–42 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    13.2.2010   

    EN

    Official Journal of the European Union

    C 37/41

    Action brought on 7 December 2009 — ReValue Immobilienberatung v OHIM (ReValue)

    (Case T-487/09)

    2010/C 37/58

    Language in which the application was lodged: German

    Parties

    Applicant: ReValue Immobilienberatung GmbH (Berlin, Germany) (represented by S. Fischoeder and M. Schork, lawyers)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    Form of order sought

    —

    Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 7 October 2009 in Case R 531/2009-4;

    —

    order OHIM to pay the costs.

    Pleas in law and main arguments

    Community trade mark concerned: the figurative mark ‘ReValue’ for services in classes 35, 36, 42 and 45 (Application No 6 784 292)

    Decision of the Examiner: registration rejected partially

    Decision of the Board of Appeal: appeal dismissed

    Pleas in law: infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1), on the grounds that the sign applied for is not descriptive in relation to the services in question and is not devoid of any distinctive character; infringement of Article 75 of Regulation No 207/2009, on the ground that the contested decision was not sufficiently reasoned in the necessary sections.

    (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

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