Source: EURLEX
Language: en
Format: md

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| 13.4.2013 | EN | Official Journal of the European Union | C 108/30 |

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Action brought on 5 February 2013 — Novartis/OHMI (CARE TO CARE)

(Case T-68/13)

2013/C 108/76

Language of the case: English

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, 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 29 November 2012 — R 953/2012-1; |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Design) to bear the costs of the proceedings. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘CARE TO CARE’ for services in classes 41 and 42 — Community trade mark application No 10 224 657

Decision of the Examiner: Rejected the CTM application

Decision of the Board of Appeal: Dismissed the appeal

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

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