do-me/EUR-LEX huggingface dataset:
Case T-290/15: Action brought on 31 May 2015 — Smarter Travel Media/OHIM (SMARTER TRAVEL)
Date: 2015-05-31
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tourism, trade-mark law








C_2015262EN.01003301.xml










10.8.2015   


EN


Official Journal of the European Union


C 262/33





Action brought on 31 May 2015 — Smarter Travel Media/OHIM (SMARTER TRAVEL)
(Case T-290/15)
(2015/C 262/44)
Language of the case: English

Parties


Applicant: Smarter Travel Media LLC (Boston, United States of America) (represented by: P. Olson, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Details of the proceedings before OHIM


Trade mark at issue: Community figurative mark containing the word elements ‘SMARTER TRAVEL’ — Application for registration No 12 460 044

Contested decision: Decision of the Second Board of Appeal of OHIM of 20/03/2015 in Case R 1986/2014-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order OHIM to pay the costs.





Pleas in law







—


The Board of Appeal erred in finding that the mark was not distinctive;










—


The Board of Appeal erred in misapplying the Bild decision;










—


The Board of Appeal erred in not taking into account that the trademark contained an independently registrable element;










—


The Board of Appeal erred in not taking into account that the same trademark with a different logo had been registered for essentially the same services and that the new application is merely a modernization;










—


The Board of Appeal erred in not making a global assessment.