30.4.2011 |
EN |
Official Journal of the European Union |
C 130/15 |
Action brought on 22 February 2011 — American Express Marketing & Development v OHIM (IP ZONE)
(Case T-102/11)
2011/C 130/27
Language of the case: English
Parties
Applicant: American Express Marketing & Development Corp. (New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda and S. Kirschstein-Freund, lawyers)
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 Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 December 2010 in case R 1125/2010-2; |
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In the alternative, amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 December 2010 in case R 1125/2010-2, and rule that the appeal is justified; |
— |
Order the defendant to pay the costs of the appeal proceedings and of the proceedings before the Court. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘IP ZONE’ for services in class 42
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 Article 7(1)(b) and (c) of Council Regulation No 207/2009, as the Board of Appeal found that the trade mark lacks the necessary distinctiveness and is descriptive with respect to the services in question.