Source: EURLEX
Language: en
Format: md

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| 28.7.2014 | EN | Official Journal of the European Union | C 245/25 |

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Action brought on 21 May 2014 — The Smiley Company v OHIM — The Swatch Group Management Services (HAPPY TIME)

(Case T-352/14)

2014/C 245/33

Language in which the application was lodged: English

Parties

Applicant): The Smiley Company SPRL (Bruxelles, Belgium) (represented by: I. Helbig, P. Hansmersmann and S. Rengshausen, lawyers)

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

Other party to the proceedings before the Board of Appeal: The Swatch Group Management Services AG (Biel, Switzerland)

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 6 February 2014 in Case R 1497/2013-1; |

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| — | Dismiss the opposition by amendment of the contested decision; |

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| — | Order OHIM to pay the applicant’s costs before the General Court and order the intervener to pay the applicant’s costs before the Board of Appeal. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘HAPPY TIME’ for goods and services in Classes 14 and 35 — Community trade mark application No 1 0 1 06  813

Proprietor of the mark or sign cited in the opposition proceedings: The Swatch Group Management Services AG

Mark or sign cited in opposition: International registration protected with effect in the European Union of the word mark ‘HAPPY HOURS’ for services in Classes 35 and 37

Decision of the Opposition Division: The opposition was partially upheld

Decision of the Board of Appeal: The appeal was dismissed

Pleas in law: Violation of Article 8(1)(b) of Regulation No 207/2009

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