17.4.2010
EN
Official Journal of the European Union
C 100/67
Action brought on 23 February 2010 — Chestnut Medical Technologies v OHIM (PIPELINE)
(Case T-87/10)
2010/C 100/98
Language of the case: English
Parties
Applicant: Chestnut Medical Technologies, Inc. (Menlo Park, United States) (represented by: R. Kunz-Hallstein, H. Kunz-Hallstein, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 December 2009 in case R 968/2009-2; and
—
Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘PIPELINE’ for goods in class 10
Decision of the examiner: Refused the application for a Community trade mark
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its assessment that the Community trade mark concerned has a descriptive character; infringement of Articles 75 of Council Regulation No 207/2009 as the Board of Appeal, by ignoring arguments brought by the applicant, infringed upon the obligation to state the reasons on which the decision has been based.
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