27.3.2010

Official Journal of the European Union

C 80/35

Action brought on 18 January 2010 — CheckMobile v OHIM (carcheck)

(Case T-14/10)

2010/C 80/59

Language in which the application was lodged: German

Parties

Applicant: CheckMobile GmbH — The Process Solution Company (Hamburg, Germany) (represented by K. Lodigkeit, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

—	Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 18. November 2009 (Case R 595/2009-4), in so far as it dismissed the application for registration of ‘carcheck’ in accordance with Article 7(1)(c) of Regulation No 40/94,

—	order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘carcheck’ for goods and services in Classes 9, 16, 35, 36, 38, 41, 42 and 45 (Application No 7 368 681)

Decision of the Examiner: Partial refusal of registration

Decision of the Board of Appeal: Partial annulment of the Examiner’s Decision

Pleas in law: Infringement of Article 7(1)(c) of Regulation No 40/94 (1), since the Board of Appeal interpreted the absolute ground for refusal to register a mark, based on the exclusively descriptive character of the signs of which it consists, too broadly

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1)