30.1.2010
EN
Official Journal of the European Union
C 24/62
Action brought on 30 November 2009 — medi v OHIM (medi)
(Case T-470/09)
2010/C 24/110
Language in which the application was lodged: German
Parties
Applicant: medi GmbH & Co. KG (Bayreuth, Germany) (represented by H. Lindner und D. Terheggen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—
Annul the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 October 2009 in Case R 692/2008-4, insofar as the complaint was dismissed;
—
annul OHIM’s Decision of 26 February 2008 to refuse Community trade mark application No 5 378 021;
—
allow publication in full of Community trade mark application No 5 378 021;
—
order OHIM to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘medi’ for goods and services in Classes 1, 3, 5, 9, 10, 17, 35, 38, 39, 41, 42 and 44 (Application No 5 378 021)
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Partial annulment of the Examiner’s Decision
Pleas in law: Wrong application of Article 7(1)(b) of Regulation No 207/2009, (1) because the mark concerned does have the distinctive character required
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
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