Source: EURLEX
Language: en
Format: md

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| 23.11.2013 | EN | Official Journal of the European Union | C 344/63 |

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Action brought on 9 September 2013 — nMetric v OHIM (SMARTER SCHEDULING)

(Case T-499/13)

2013/C 344/116

Language of the case: English

Parties

Applicant: nMetric LLC (Costa Mesa, United States) (represented by: T. Fuchs and A. Münch, lawyers)

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 Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 June 2013 given in Case R 887/2012-2; |

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

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘SMARTER SCHEDULING’ for goods in Class 9 — International registration No 1 093 837 designating the European Union

Decision of the Examiner: Refused the application in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and 7(2) CTMR.

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