CELEX: 62012TN0513
Language: en
Date: 2012-11-22 00:00:00
Title: Case T-513/12: Action brought on 22 November 2012 — NCL v OHIM (NORWEGIAN GETAWAY)

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