CELEX: 62012TN0123
Language: en
Date: 2012-03-15 00:00:00
Title: Case T-123/12: Action brought on 15 March 2012 — Smartbook v OHIM (SMARTBOOK)

2.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 157/8
            
         Action brought on 15 March 2012 — Smartbook v OHIM (SMARTBOOK)
   (Case T-123/12)
   2012/C 157/13
   Language of the case: German
   
      Parties
   
   
      Applicant: Smartbook AG (Offenburg, Germany) (represented by C. Milbradt and A. Schwarz, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 December 2011 (Case R 799/2011-2);
            
         
               —
            
            
               order the defendant to pay the costs including the costs incurred in the course of the appeal procedure.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘SMARTBOOK’ (application No 8 426 348) for goods in Classes 9, 16 and 28
   
      Decision of the Examiner: rejection of the application
   
      Decision of the Board of Appeal: dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has distinctive character and is not descriptive of the goods at issue.