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28.8.2010 |
EN |
Official Journal of the European Union |
C 234/48 |
Action brought on 25 June 2010 — Milux v OHMI (IMPLANTCONTROL)
(Case T-284/10)
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2010/C 234/86
Language of the case: English
Parties
Applicant: Milux Holding S.A. (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 3 June 2010 in case R 1438/2009-4; |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘IMPLANTCONTROL’ 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 of 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.