6.11.2010
EN
Official Journal of the European Union
C 301/59
Action brought on 13 September 2010 — Cortés del Valle López v OHIM (HIJOPUTA)
(Case T-417/10)
2010/C 301/94
Language of the case: Spanish
Parties
Applicant: Federico Cortés del Valle López (Maliaño, Spain) (represented by J. Calderón Chavero, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
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) (OHIM) of 18 June 2010 in case R 175/2010-2;
—
consequently, annul the OHIM examiner’s decision of 24 November 2009;
—
uphold the applicant’s claims;
—
order the defendant to pay the costs of the present proceedings should they be contested and reject its contentions.
Pleas in law and main arguments
Community trade mark concerned: Figurative mark containing the word element ‘¡Que buenu ye! HIJOPUTA’ for goods and services in Classes 33, 35 and 39.
Decision of the Examiner: Application for a Community trade mark refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: No infringement of Article 7(1)(f) of Regulation No 207/2009, (1) as the mark applied for is not contrary to accepted principles of morality.
(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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