CELEX: 62014TN0530
Language: en
Date: 2014-07-11 00:00:00
Title: Case T-530/14: Action brought on 11 July 2014  — Verein StHD v OHIM (Representation of a black ribbon)

8.9.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 303/54
            
         Action brought on 11 July 2014 — Verein StHD v OHIM (Representation of a black ribbon)
   (Case T-530/14)
   2014/C 303/64
   Language of the case: German
   
      Parties
   
   
      Applicant: Verein Sterbehilfe Deutschland (Verein StHD) (Zurich, Switzerland) (represented by P. Brauns, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               annul the partial rejection of Community trade mark application No 1 1 6 24  483 of 13 August 2013 and the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 May 2014 in case R 1940/2013-4;
            
         
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               order that Community trade mark application No 1 1 6 24  483 (also) for the following services be allowed to proceed to registration:
               
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                           35: News clipping services; Dissemination of advertisements; Direct mail advertising;
                        
                     
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                           41: Publication of books; General public information work on the subject of ‘dying’ by events such as seminars, speaking tours and other training courses; Publication and editing of printed material on the subject of ‘dying’;
                        
                     
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                           44: Advisory services relating to pharmaceutics; Medical assistance; Advisory services relating to health; Nursing care; Therapy services; Services of a psychologist;
                        
                     
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                           45: Personal and social services, provided by third parties, regarding individual needs, namely family support, clinic support, disabled support, assisted dying, end-of-life care, end-of-life care through counselling; comfort and assistance for those affected and helpers, general life counselling with particular regard to the subject of ‘dying’, day-services, night watches, around the clock care, Sunday and public holiday services, advisory services nationwide, nursing services nationwide;
                        
                     
         
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               order the defendant to pay the costs of appeal proceedings R 1940/2013-4 and of the present proceedings.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Figurative mark representing a black ribbon for services in classes 35, 41, 44 and 45 — Community trade mark application No 1 1 6 24  483
   
      Decision of the Examiner: Application rejected
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law:
   
   
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               Infringement of Article 7(1)(b) of Regulation No 207/2009;
            
         
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               Infringement of Article 7(1)(b), (c) and (d) of Regulation No 207/2009;
            
         
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               Infringement of Article 7(1)(f) of Regulation No 207/2009