20.11.2010
EN
Official Journal of the European Union
C 317/37
Action brought on 21 September 2010 — Häfele v OHIM (Mixfront)
(Case T-425/10)
2010/C 317/67
Language in which the application was lodged: German
Parties
Applicant: Häfele GmbH & Co. KG (Nagold, Germany) (represented by M. Eck and J. Dönch, lawyers)
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 30 June 2010 in Case R 338/2010-1;
—
order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘Mixfront’ for goods in Classes 6 and 20.
Decision of the Examiner: Application refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b), (c) and (d) of Regulation (EC) No 207/2009, (1) as the Community trade mark concerned is distinctive, is not descriptive and is not a name that has become customary.
(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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