CELEX: 62013TN0068
Language: en
Date: 2013-03-05 00:00:00
Title: Case T-68/13: Action brought on 5 February 2013 — Novartis/OHMI (CARE TO CARE)

13.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/30
            
         Action brought on 5 February 2013 — Novartis/OHMI (CARE TO CARE)
   (Case T-68/13)
   2013/C 108/76
   Language of the case: English
   
      Parties
   
   
      Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, 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 First Board of Appeal of 29 November 2012 — R 953/2012-1;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market (Trade Marks and Design) to bear the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark ‘CARE TO CARE’ for services in classes 41 and 42 — Community trade mark application No 10 224 657
   
      Decision of the Examiner: Rejected the CTM application
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 207/2009.