This document is an excerpt from the EUR-Lex website
Document 62009TN0463
Case T-463/09: Action brought on 20 November 2009 — Herm. Sprenger v OHIM — Kieffer Sattlerwarenfabrik (form of a stirrup)
Case T-463/09: Action brought on 20 November 2009 — Herm. Sprenger v OHIM — Kieffer Sattlerwarenfabrik (form of a stirrup)
Case T-463/09: Action brought on 20 November 2009 — Herm. Sprenger v OHIM — Kieffer Sattlerwarenfabrik (form of a stirrup)
OJ C 11, 16.1.2010, p. 37–38
(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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16.1.2010 |
EN |
Official Journal of the European Union |
C 11/37 |
Action brought on 20 November 2009 — Herm. Sprenger v OHIM — Kieffer Sattlerwarenfabrik (form of a stirrup)
(Case T-463/09)
2010/C 11/69
Language in which the application was lodged: German
Parties
Applicant: Herm. Sprenger GmbH & Co. KG (Iserlohn, Germany) (represented by: V. Schiller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Georg Kieffer Sattlerwarenfabrik GmbH (Munich, Germany)
Form of order sought
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set aside the decision delivered on 4 September 2009 by the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Appeal Proceedings R 1614/2008-4; |
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dismiss the application brought by the company Georg Kieffer Sattlerwarenfabrik GmbH for a declaration that the applicant’s Community trade mark No 1 599 620 is invalid; |
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order OHIM to pay the costs of the proceedings. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: the three-dimensional Community trade mark No 1 599 620 for goods in Class 6
Proprietor of the Community trade mark: the applicant
Applicant for the declaration of invalidity: Georg Kieffer Sattlerwarenfabrik GmbH
Decision of the Cancellation Division: dismissal of the application for a declaration of invalidity
Decision of the Board of Appeal: annulment of the decision of the Cancellation Division and declaration that the Community trade mark in issue is invalid
Pleas in law:
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Breach of Article 52(1)(a), in conjunction with Article 7(1), of Regulation (EC) No 207/2009 (1) on the ground of an incorrect finding that the mark is devoid of any original distinctive character; |
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Breach of Article 52(1)(a) and 52(2), in conjunction with Article 7(3), of Regulation (EC) No 207/2009 on the ground that it was wrongly assumed that the disputed mark had not acquired distinctive character through use; |
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Breach of the first clause of Article 76(1) of Regulation No 207/2009 in that the relevant facts were not examined in the requisite manner; |
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Breach of Article 83 of Regulation No 207/2009 in respect of the rights of the defence; |
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Breach of Article 77(1) of Regulation No 207/2009 in that the Board of Appeal ought to have acceded to the applicant’s alternative request for oral proceedings; |
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Breach of the EC Treaty in respect of the basic right to equitable proceedings. |
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).