Source: EURLEX
Language: en
Format: md

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| 21.9.2013 | EN | Official Journal of the European Union | C 274/24 |

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Action brought on 8 August 2013 — NIIT Insurance Technologies v OHIM (SUBSCRIBE)

(Case T-404/13)

2013/C 274/41

Language of the case: German

Parties

Applicant: NIIT Insurance Technologies Ltd (London, United Kingdom) (represented by M. Wirtz, lawyer)

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

Form of order sought

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| — | Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2013 in Case R 1308/2012-5 concerning Community trade mark registration 010355527, Word: SUBSCRIBE and the preceding decision of the Trade Mark Department of OHIM of 22 May 2012, in so far as protection was denied to the mark; |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘SUBSCRIBE’ for goods and services in Classes 9, 16 and 42 — Community trade mark registration No 10 355 527

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

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| — | Infringement of Article 7(1)(b) and (2) of Regulation No 207/2009; |

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| — | Infringement of Article 83 of Regulation No 207/2009 in conjunction with the principle of equal treatment and Articles 6 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 in the version of Protocol No 11, which entered into force on 1 November 1998; |

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| — | Infringement of Article 56 of the Treaty on the Functioning of the European Union. |

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