Source: EURLEX
Language: en
Format: md

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| 25.8.2014 | EN | Official Journal of the European Union | C 282/38 |

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Action brought on 17 April 2014 — The Smiley Company v OHIM (Shape of a face in the form of a star)

(Case T-244/14)

2014/C 282/50

Language of the case: English

Parties

Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag, lawyer)

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

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2014 given in Case R 838/2013-1; |

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| — | Order the defendant to pay the costs of proceedings. |

Pleas in law and main arguments

Community trade mark concerned: Tri-dimensional mark representing the shape of a face in the form of a star for goods in classes 29 and 30 — Community trade mark application No 1 1 1 68  937

Decision of the Examiner: Found the mark applied for not eligible for registration pursuant to Article 7(1)(b) of the Regulation No 207/2009

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) of the Regulation No 207/2009

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