9.6.2012
EN
Official Journal of the European Union
C 165/29
Action brought on 29 March 2012 — Bayerische Motoren Werke v OHIM (ECO PRO)
(Case T-145/12)
2012/C 165/49
Language of the case: English
Parties
Applicant: Bayerische Motoren Werke AG (München, Germany) (represented by: C. Onken, 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 18 January 2012 in case R 1418/2011-4;
—
Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘ECO PRO’ for goods in classes 9 and 12 — International Registration (IR) No W 1059979
Decision of the Examiner: Refused protection of the International Registration designating the European Union.
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assumed that the International Registration of the applicant’s trademark was devoid of distinctive character within the meaning of this article.
Full & Egal Universal Law Academy