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29.8.2009 |
EN |
Official Journal of the European Union |
C 205/46 |
Action brought on 7 July 2009 — Mannatech v OHIM (BOUNCEBACK)
(Case T-263/09)
2009/C 205/84
Language of the case: English
Parties
Applicant(s): Mannatech, Inc. (Coppell, United States) (represented by R. Niebel and C. Steuer, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 March 2009 in case R 100/2009-1; and |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The word mark “BOUNCEBACK” for goods in class 5
Decision of the examiner: Refused the applicant’s trade mark
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (2) of Council Regulation 207/2009 as the Board of Appeal erred in its application of the legal standards laid down in the said legal provisions.