This document is an excerpt from the EUR-Lex website
Document 62009TN0499
Case T-499/09: Action brought on 14 December 2009 — Evonik Industries AG v OHIM (Representation of a purple rectangle with a rounded right side)
Case T-499/09: Action brought on 14 December 2009 — Evonik Industries AG v OHIM (Representation of a purple rectangle with a rounded right side)
Case T-499/09: Action brought on 14 December 2009 — Evonik Industries AG v OHIM (Representation of a purple rectangle with a rounded right side)
IO C 37, 13.2.2010, p. 45–46
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
13.2.2010 |
EN |
Official Journal of the European Union |
C 37/45 |
Action brought on 14 December 2009 — Evonik Industries AG v OHIM (Representation of a purple rectangle with a rounded right side)
(Case T-499/09)
2010/C 37/65
Language in which the application was lodged: German
Parties
Applicant: Evonik Industries AG (Essen, Germany) (represented by J. Albrecht, 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 2 October 2009 (Case R 491/2009-4); |
|
— |
order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: a figurative mark representing a rectangular shape in the colour Purple Pantone 513 C, for goods and services in classes 1 to 45 (Application No 7 235 179)
Decision of the Examiner: registration rejected
Decision of the Board of Appeal: appeal dismissed
Pleas in law: misapplication of Article 7(1)(b) of Regulation No 207/2009 (1), on the ground that the trade mark concerned has the requisite distinctive character
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).