19.3.2011
EN
Official Journal of the European Union
C 89/22
Action brought on 24 January 2011 — Fraas v OHIM (Dark grey, light grey, black, beige, dark red and light red coloured checked pattern)
(Case T-50/11)
2011/C 89/44
Language in which the application was lodged: German
Parties
Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by G. Würtenberger and R. Kunze, lawyers)
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 15 November 2010 in Case R 1316/2010-4;
—
Order the Office for Harmonisation in the Internal Market to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Figurative mark representing a dark grey, light grey, black, beige, dark red and light red coloured checked pattern for goods in Classes 18, 24, and 25
Decision of the Examiner: Rejection of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) in conjunction with Article 7(2) of Regulation (EC) No 207/2009 (1), as the Community trade mark at issue has distinctive character, and infringement of Articles 75 and 76 of Regulation (EC) No 207/2009, as the Board of Appeal did not examine the extensive factual and legal submissions of the applicant.
(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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