Judgment — ECLI:EU:T:2014:28
Date: 2014-01-23
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 22 November 2012 - NCL v OHIM (NORWEGIAN BREAKAWAY) (Case T-514/12) Language of the case: German Parties Applicant: NCL Corporation Ltd (Miami, United States of America) (represented by N. Grüger, 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) in case R 1017/2012-4 of 12 September 2012 and refer the case back to the Board of Appeal; in the alternative, annul the decision in respect of services in Class 39: 'Arranging of cruises, Cruise ship services, Cruise arrangement' and refer the case back to the Board of Appeal; order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: Word mark 'NORWEGIAN BREAKAWAY' for services in Class 39 - Community trade mark application No 10 281 905 Decision of the Examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Pleas in law: Infringement of Article 7(1)(b) and (c) in conjunction with Article 7(2) of Regulation No 207/2009 ____________