18.12.2010
EN
Official Journal of the European Union
C 346/58
Action brought on 26 October 2010 — Nike International v OHIM (DYNAMIC SUPPORT)
(Case T-512/10)
2010/C 346/112
Language of the case: English
Parties
Applicant: Nike International Ltd (Beaverton, USA) (represented by: M. de Justo Bailey, 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 25 August 2010 in case R 640/2010-4; and
—
Order the defendant to bear the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: The word mark “DYNAMIC SUPPORT” for goods in class 25 — Community trade mark application No 8299869
Decision of the examiner: Refused the application for a Community trade mark
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: The applicant considers that the contested decision infringes Article 7(1)(c) of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in its assessment and wrongly concluded that this Article precludes the registration of the mark applied for.
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