Judgment — ECLI:EU:T:2014:810
Date: 2014-09-25
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 6 November 2012 - CeWe Color v OHIM (SMILECARD) (Case T-484/12) Language of the case: German Parties Applicant: CeWe Color AG & Co. OHG (Oldenburg, Germany) (represented by U. Sander, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 September 2012 in Case R 2279/2011-4; Order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: the word mark 'SMILECARD' for goods and services in Classes 9, 16 and 40 - Community trade mark application No 9 861 691 Decision of the Examiner: the application was rejected Decision of the Board of Appeal: the appeal was dismissed Pleas in law: Infringement of Article 7(1)(c) of Regulation No 207/2009 ____________