Source: EURLEX
Language: en
Format: md

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| 31.8.2013 | EN | Official Journal of the European Union | C 252/31 |

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Action brought on 14 June 2013 — Pure Fishing/OHIM — Łabowicz (NANOFIL)

(Case T-323/13)

2013/C 252/52

Language in which the application was lodged: English

Parties

Applicant: Pure Fishing, Inc. (Spirit Lake, United States) (represented by: J. Dickerson, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Edward Łabowicz (Kłodzko, Poland)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Board of Appeal in case no R1241/2012-2; |

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| — | Authorize for registration CTM application no 9611872; and |

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

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘NANOFIL’ for goods in class 28 — Community trade mark application No 9 611 872

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration of the figurative mark ‘NANO’ for goods in class 28

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

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

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