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Document 62009TN0263

    Case T-263/09: Action brought on 7 July 2009 — Mannatech v OHIM (BOUNCEBACK)

    SL C 205, 29.8.2009, p. 46–46 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    07/07/2009
    Date lodged:
    07/07/2009
    Author:
    Sud prvog stupnja
    Form:
    Pravosudna informacija
    Authentic language:
    engleski
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    Instruments cited in case law:
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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

    —

    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

    —

    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.

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