Judgment — ECLI:EU:T:2015:758
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
Origin: Belgium

Action brought on 10 December 2013 – The Smiley Company v OHIM (Shape of a cookie) (Case T-656/13) Language of the case: English Parties Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag, lawyer) Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs) Form of order sought The applicant claims that the Court should: Annul the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 8 October 2013 given in Case R 997/2013-4; Order the defendant to bear the costs of proceedings. Pleas in law and main arguments Community trade mark concerned: The three-dimensional trade mark representing a shape of a cookie with a smiling face for goods in Classes 29 and 30 – Community trade mark application No 11 133 683 Decision of the Examiner: Rejected partially the application Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 7 (1) (b) CTMR