CELEX: 62012TN0061
Language: en
Date: 2012-02-06 00:00:00
Title: Case T-61/12: Action brought on 6 February 2012 — ABC-One v OHIM (SLIM BELLY)

31.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 98/26
            
         Action brought on 6 February 2012 — ABC-One v OHIM (SLIM BELLY)
   (Case T-61/12)
   2012/C 98/43
   Language of the case: German
   
      Parties
   
   
      Applicant: ABC-One Produktions- und Vertriebs GmbH (Villach St. Magdalen, Austria) (represented by S. Merz, 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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 November 2011 in Case R 1077/2011-1 concerning the application for registration of the word sign ‘SLIM BELLY’ as a Community trade mark;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘SLIM BELLY’ (application No 8 576 811) for goods and services in Classes 28, 41 and 44
   
      Decision of the Examiner: Rejection of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has distinctive character and is not descriptive of the goods and services at issue