17.3.2012 |
EN |
Official Journal of the European Union |
C 80/22 |
Action brought on 16 January 2012 — Fomanu v OHIM (Qualität hat Zukunft)
(Case T-22/12)
2012/C 80/37
Language of the case: German
Parties
Applicant: Fomanu AG (Neustadt a.d. Waldnaab, Germany) (represented by T. Raible)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
— |
annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 October 2011 in Case R 1518/2011-1; |
— |
order OHIM to pay the costs of the these proceedings and those incurred before the Board of Appeal. |
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘Qualität hat Zukunft’ for goods and services in Classes 9, 16 and 40.
Decision of the Examiner: Registration refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009, since the Community trade mark concerned is distinctive.