This document is an excerpt from the EUR-Lex website
Document 62011TN0171
Case T-171/11: Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)
Case T-171/11: Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)
Case T-171/11: Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)
IO C 145, 14.5.2011, p. 35–35
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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14.5.2011 |
EN |
Official Journal of the European Union |
C 145/35 |
Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)
(Case T-171/11)
2011/C 145/58
Language of the case: German
Parties
Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by V. Mensing, lawyer)
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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 January 2011 in Case R 1514/2010-4; |
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Order OHIM to pay the costs, including those incurred in the course of the appeal procedure. |
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘Clampflex’ for goods in Classes 5, 9, 10, 17 and 20
Decision of the Examiner: partial rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1) as the Community trade mark in question has distinctive character and is not descriptive
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)