CELEX: 62012TN0371
Language: en
Date: 2012-08-20 00:00:00
Title: Case T-371/12: Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (EUROPEAN IP ZONE)

20.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 319/14
            
         Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (EUROPEAN IP ZONE)
   (Case T-371/12)
   2012/C 319/26
   Language of the case: English
   
      Parties
   
   
      Applicant: American Express Marketing & Development Corp. (New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda, and S. Kirschstein-Freund, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1453/2011-2;
            
         
               —
            
            
               In the alternative, amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1453/2011-2, and rule that the appeal is justified; and
            
         
               —
            
            
               Order the defendant to pay the costs of the appeal proceedings and of the proceedings before the Court.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark ‘EUROPEAN IP ZONE’ for services in class 42 — Community trade mark application No 9488041
   
      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) and (c) of Council Regulation No 207/2009.