CELEX: 62012TA0513
Language: en
Date: 2014-01-23 00:00:00
Title: Case T-513/12: Judgment of the General Court of 23 January 2014 — NCL v OHIM (NORWEGIAN GETAWAY) (Community trade mark — Application for the Community word mark NORWEGIAN GETAWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

8.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 71/19
            
         
      Judgment of the General Court of 23 January 2014 — NCL v OHIM (NORWEGIAN GETAWAY)
      (Case T-513/12) (1)
      
      (Community trade mark - Application for the Community word mark NORWEGIAN GETAWAY - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
      (2014/C 71/32)
      Language of the case: German
      
         Parties
      
      
         Applicant: NCL Corporation Ltd (Miami, Florida, United States) (represented by: N. Grüger, lawyer)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, Agent)
      
         Re:
      
      Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2012 (Case R 1014/2012-4), concerning an application for registration of the word sign NORWEGIAN GETAWAY as a Community trade mark.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders NCL Corporation Ltd., in addition to bearing its own costs, to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
               
            
         (1)  OJ C 26, 26.1.2013.