Judgment — ECLI:EU:T:2015:84
Date: 2015-02-10
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 22 July 2013 – Innovation First/OHIM (NANO) (Case T-379/13) Language of the case: English Parties Applicant: Innovation First, Inc. (Greenville, United States) (represented by: J. Zecher, 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 defendant of April 19, 2013 in the matter R 1271/2012-1 ; Order the defendant to pay the costs of the proceedings, including the cost of the appeal proceeding before the defendant. Pleas in law and main arguments Community trade mark concerned: Word mark “NANO” for goods and services in classes 9, 28 and 41 – Community trade mark application No 9 157 421 Decision of the Examiner: Rejected the CTM application Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Articles 75 and 37(3) of Council Regulation No 207/2009, Rule 50(2)(h) of Regulation No 2868/95 and Articles 76 and 7(1)(b) and (c) of Council Regulation No 207/2009.