Source: EURLEX
Language: en
Format: md

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| 31.3.2012 | EN | Official Journal of the European Union | C 98/26 |

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Action brought on 6 February 2012 — ABC-One v OHIM (SLIM BELLY)

(Case T-61/12)

2012/C 98/43

Language of the case: German

Parties

Applicant: ABC-One Produktions- und Vertriebs GmbH (Villach St. Magdalen, Austria) (represented by S. Merz, 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 17 November 2011 in Case R 1077/2011-1 concerning the application for registration of the word sign ‘SLIM BELLY’ as a Community trade mark; |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘SLIM BELLY’ (application No 8 576 811) for goods and services in Classes 28, 41 and 44

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has distinctive character and is not descriptive of the goods and services at issue

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