Source: EURLEX
Language: en
Format: md

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| 26.1.2013 | EN | Official Journal of the European Union | C 26/65 |

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Action brought on 22 November 2012 — NCL v OHIM (NORWEGIAN GETAWAY)

(Case T-513/12)

2013/C 26/129

Language of the case: German

Parties

Applicant: NCL Corporation Ltd (Miami, United States of America) (represented by N. Grüger, lawyer)

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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in case R 1014/2012-4 of 12 September 2012 and refer the case back to the Board of Appeal; |

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| — | in the alternative, annul the decision in respect of services in Class 39: ‘Arranging of cruises, Cruise ship services, Cruise arrangement’ and refer the case back to the Board of Appeal; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘NORWEGIAN GETAWAY’ for services in Class 39 — Community trade mark application No 10 281 939

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) in conjunction with Article 7(2) of Regulation No 207/2009

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