Source: EURLEX
Language: en
Format: md

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| 20.10.2012 | EN | Official Journal of the European Union | C 319/13 |

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Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (IP ZONE EUROPE)

(Case T-370/12)

2012/C 319/25

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 12 June 2012 in case R 1452/2011-2; |

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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 12 June 2012 in case R 1452/2011-2, and rule that the appeal is justified; and |

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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 EUROPE’ for services in class 42 — Community trade mark application No 9488057

Decision of the Examiner: Rejected the CTM application

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.

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