Judgment — ECLI:EU:T:2015:765
Date: 2015-10-07
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Belgium

Action brought on 17 April 2014 – The Smiley Company v OHIM (Shape of a face) (Case T-243/14) Language of the case: English Parties Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought The applicant claims that the Court should: Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2014 given in Case R 837/2013-1; Order the defendant to pay the costs of proceedings. Pleas in law and main arguments Community trade mark concerned: Tri-dimensional mark representing the shape of a face for goods in classes 29 and 30 – Community trade mark application No 11 168 861 Decision of the Examiner: Found the mark applied for not eligible for registration pursuant to Article 7(1)(b) of the Regulation No 207/2009 Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 7(1)(b) of the Regulation No 207/2009