CELEX: 62015TN0290
Language: en
Date: 2015-05-31 00:00:00
Title: Case T-290/15: Action brought on 31 May 2015 — Smarter Travel Media/OHIM (SMARTER TRAVEL)

10.8.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/33
            
         Action brought on 31 May 2015 — Smarter Travel Media/OHIM (SMARTER TRAVEL)
   (Case T-290/15)
   (2015/C 262/44)
   Language of the case: English
   
      Parties
   
   
      Applicant: Smarter Travel Media LLC (Boston, United States of America) (represented by: P. Olson, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Details of the proceedings before OHIM
   
   
      Trade mark at issue: Community figurative mark containing the word elements ‘SMARTER TRAVEL’ — Application for registration No 12 460 044
   
      Contested decision: Decision of the Second Board of Appeal of OHIM of 20/03/2015 in Case R 1986/2014-2
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               annul the contested decision;
            
         
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               order OHIM to pay the costs.
            
         
      Pleas in law
   
   
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               The Board of Appeal erred in finding that the mark was not distinctive;
            
         
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               The Board of Appeal erred in misapplying the Bild decision;
            
         
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               The Board of Appeal erred in not taking into account that the trademark contained an independently registrable element;
            
         
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               The Board of Appeal erred in not taking into account that the same trademark with a different logo had been registered for essentially the same services and that the new application is merely a modernization;
            
         
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               The Board of Appeal erred in not making a global assessment.