Source: EURLEX
Language: en
Format: md

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| 10.8.2015 | EN | Official Journal of the European Union | C 262/33 |

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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:

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| — | annul the contested decision; |

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| — | order OHIM to pay the costs. |

Pleas in law

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

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| — | The Board of Appeal erred in misapplying the Bild decision; |

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

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| — | 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; |

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

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