CELEX: 62012TN0484
Language: en
Date: 2012-11-06 00:00:00
Title: Case T-484/12: Action brought on 6 November 2012 — CeWe Color v OHIM (SMILECARD)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/53
            
         Action brought on 6 November 2012 — CeWe Color v OHIM (SMILECARD)
   (Case T-484/12)
   2013/C 26/108
   Language of the case: German
   
      Parties
   
   
      Applicant: CeWe Color AG & Co. OHG (Oldenburg, Germany) (represented by U. Sander, lawyer)
   
      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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 September 2012 in Case R 2279/2011-4;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘SMILECARD’ for goods and services in Classes 9, 16 and 40 — Community trade mark application No 9 861 691
   
      Decision of the Examiner: the application was rejected
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 7(1)(c) of Regulation No 207/2009