19.6.2010
EN
Official Journal of the European Union
C 161/50
Action brought on 15 April 2010 — Milux v OHIM (FERTILITYINVIVO)
(Case T-175/10)
2010/C 161/79
Language of the case: English
Parties
Applicant(s): Milux Holding SA (Luxembourg, Luxembourg) (represented by: J. Bojs, lawyer)
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 (Trade Marks and Designs) of 2 February 2010 in case R 1116/2009-4; and
—
Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘FERTILITYINVIVO’ for goods and services in classes 9, 10 and 44
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)(b) and (c) of Council Regulation No 207/2009, as the Board of Appeal erred in its conclusion that the trade mark applied for is not eligible for registration as a Community trade mark because it does not possess sufficient inherent distinctiveness.
Full & Egal Universal Law Academy