5.2.2011
EN
Official Journal of the European Union
C 38/17
Action brought on 8 December 2010 — LG Electronics v OHIM (DIRECT DRIVE)
(Case T-561/10)
2011/C 38/32
Language in which the application was lodged: English
Parties
Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by: M. Graf, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
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) of 22 September 2010 in case R 1027/2010-2;
—
Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘DIRECT DRIVE’ for goods in classes 7 and 11 — Community trade mark application No 8797052
Decision of the Examiner: Rejection of the application for registration
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 failed to take into account prior Community trade marks and national registrations as well as a national application.
Full & Egal Universal Law Academy