CELEX: 62013TN0228
Language: en
Date: 2013-04-19 00:00:00
Title: Case T-228/13: Action brought on 19 April 2013 — NIIT Insurance Technologies v OHIM (EXACT)

29.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 189/26
            
         Action brought on 19 April 2013 — NIIT Insurance Technologies v OHIM (EXACT)
   (Case T-228/13)
   2013/C 189/55
   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)
   
      Form of order sought
   
   
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               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 February 2013 in Case R 1307/2012-4 concerning Community trade mark registration 010355501, Word: EXACT and the previous decision of the Trade Marks Department of OHIM of 29 May 2012 concerning Community trade mark registration 010355501, Word: EXACT, in so far as the trade mark was refused protection;
            
         
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               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Word Mark EXACT for goods and services in Classes 9, 16 and 42 — Community trade mark registration No 10 355 501
   
      Decision of the Examiner: Partial rejection of the registration
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law:
   
   
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               Infringement of Article 7(1)(c) of Regulation No 207/2009;
            
         
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               Infringement of Article 7(1)(b) 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 of Articles 6 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950, in the version of Protocol 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.