CELEX: 62013TN0649
Language: en
Date: 2013-12-04 00:00:00
Title: Case T-649/13: Action brought on 4 December 2013 — TrekStor v OHIM (SmartTV Station)

8.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 39/25
            
         Action brought on 4 December 2013 — TrekStor v OHIM (SmartTV Station)
   (Case T-649/13)
   2014/C 39/45
   Language of the case: German
   
      Parties
   
   
      Applicant: TrekStor Ltd (Hong Kong, China) (represented by O. Spieker, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of OHIM of 1 October 2013 (Case R 128/2013-4) and alter the contested decision to the effect that the mark ‘SmartTV Station’ (Application No: 010595577) is allowed to proceed to registration in its entirety;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘SmartTV Station’ for goods in Class 9 — Community trade mark application No 10595577
   
      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)(b) of Regulation (EC) No 207/2009