6.11.2010
EN
Official Journal of the European Union
C 301/43
Action brought on 7 September 2010 — Continental Bulldog Club Deutschland v OHIM
(Case T-383/10)
2010/C 301/69
Language in which the application was lodged: German
Parties
Applicant: Continental Bulldog Club Deutschland eV (Berlin, Germany) (represented by S. Vollmer, lawyer)
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 23 June 2010 in Case R 300/2010-1;
—
In the alternative, annul the contested decision, in so far as it concerns goods and services in Class 44;
—
Order the defendant to pay the costs of the proceedings, including those of the proceedings before the Board of Appeal.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘CONTINENTAL’ for goods in Classes 31 and 44.
Decision of the Examiner: Registration was refused.
Decision of the Board of Appeal: The appeal was dismissed.
Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009, (1) since the Community trade mark in question is distinctive 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).
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