21.3.2009 |
EN |
Official Journal of the European Union |
C 69/46 |
Action brought on 13 January 2009 — Gruber v OHIM (Run the globe)
(Case T-12/09)
(2009/C 69/102)
Language in which the application was lodged: German
Parties
Applicant: Alexander Gruber (Ulm, Germany) (represented by T. Kienle and M. Krinke, 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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 November 2008 (Case R 1779/2007-1); |
— |
order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘Run the globe’ for services in Class 41 — Application No 5 154 521
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 40/94 (1), as the registered mark has the necessary distinctive character.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).