Source: EURLEX
Language: en
Format: md

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| 30.4.2011 | EN | Official Journal of the European Union | C 130/15 |

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Action brought on 22 February 2011 — American Express Marketing & Development v OHIM (IP ZONE)

(Case T-102/11)

2011/C 130/27

Language of the case: English

Parties

Applicant: American Express Marketing & Development Corp. (New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda and S. Kirschstein-Freund, lawyers)

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

Form of order sought

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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 1 December 2010 in case R 1125/2010-2; |

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| — | In the alternative, amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 December 2010 in case R 1125/2010-2, and rule that the appeal is justified; |

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| — | Order the defendant to pay the costs of the appeal proceedings and of the proceedings before the Court. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘IP ZONE’ for services in class 42

Decision of the Examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009, as the Board of Appeal found that the trade mark lacks the necessary distinctiveness and is descriptive with respect to the services in question.

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