CELEX: 62013TN0404
Language: en
Date: 2013-08-08 00:00:00
Title: Case T-404/13: Action brought on 8 August 2013 — NIIT Insurance Technologies v OHIM (SUBSCRIBE)

21.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 274/24
            
         Action brought on 8 August 2013 — NIIT Insurance Technologies v OHIM (SUBSCRIBE)
   (Case T-404/13)
   2013/C 274/41
   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) (OHIM)
   
      Form of order sought
   
   
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               Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2013 in Case R 1308/2012-5 concerning Community trade mark registration 010355527, Word: SUBSCRIBE and the preceding decision of the Trade Mark Department of OHIM of 22 May 2012, in so far as protection was denied to the mark;
            
         
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               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Word mark ‘SUBSCRIBE’ for goods and services in Classes 9, 16 and 42 — Community trade mark registration No 10 355 527
   
      Decision of the Examiner: Rejection of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law:
   
   
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               Infringement of Article 7(1)(b) and (2) 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 Articles 6 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 in the version of Protocol No 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.