CELEX: 62013TN0656
Language: en
Date: 2013-12-10 00:00:00
Title: Case T-656/13: Action brought on 10 December 2013 — The Smiley Company v OHIM (Shape of a cookie)

1.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 61/10
            
         Action brought on 10 December 2013 — The Smiley Company v OHIM (Shape of a cookie)
   (Case T-656/13)
   2014/C 61/18
   Language of the case: English
   
      Parties
   
   
      Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag, lawyer)
   
      Defendant: Office for Harmonization 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 Harmonization in the Internal Market (Trade Marks and Designs) of 8 October 2013 given in Case R 997/2013-4;
            
         
               —
            
            
               Order the defendant to bear the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The three-dimensional trade mark representing a shape of a cookie with a smiling face for goods in Classes 29 and 30 — Community trade mark application No 11 133 683
   
      Decision of the Examiner: Rejected partially the application
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 7 (1) (b) CTMR