# C_2013189EN.01002602.xml

| 29.6.2013 | EN | Official Journal of the European Union | C 189/26 |
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29.6.2013

EN

Official Journal of the European Union

C 189/26

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Action brought on 19 April 2013 — NIIT Insurance Technologies v OHIM (EXACT)

(Case T-228/13)

2013/C 189/55

Language of the case: German

Parties

Parties

Applicant: NIIT Insurance Technologies Ltd. (London, United Kingdom) (represented by M. Wirtz, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

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 February 2013 in Case R 1307/2012-4 concerning Community trade mark registration 010355501, Word: EXACT and the previous decision of the Trade Marks Department of OHIM of 29 May 2012 concerning Community trade mark registration 010355501, Word: EXACT, in so far as the trade mark was refused protection; |
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 February 2013 in Case R 1307/2012-4 concerning Community trade mark registration 010355501, Word: EXACT and the previous decision of the Trade Marks Department of OHIM of 29 May 2012 concerning Community trade mark registration 010355501, Word: EXACT, in so far as the trade mark was refused protection;

| — | Order OHIM to pay the costs. |
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Order OHIM to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: Word Mark EXACT for goods and services in Classes 9, 16 and 42 — Community trade mark registration No 10 355 501

Community trade mark concerned:

Decision of the Examiner: Partial rejection of the registration

Decision of the Examiner:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 7(1)(c) of Regulation No 207/2009; |
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Infringement of Article 7(1)(c) of Regulation No 207/2009;

| — | Infringement of Article 7(1)(b) of Regulation No 207/2009; |
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Infringement of Article 7(1)(b) of Regulation No 207/2009;

| — | Infringement of Article 83 of Regulation No 207/2009 in conjunction with the principle of equal treatment and of Articles 6 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950, in the version of Protocol 11, which entered into force on 1 November 1998; |
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Infringement of Article 83 of Regulation No 207/2009 in conjunction with the principle of equal treatment and of Articles 6 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950, in the version of Protocol 11, which entered into force on 1 November 1998;

| — | Infringement of Article 56 of the Treaty on the Functioning of the European Union. |
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Infringement of Article 56 of the Treaty on the Functioning of the European Union.

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