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Document 62013TN0649

    Case T-649/13: Action brought on 4 December 2013 — TrekStor v OHIM (SmartTV Station)

    OJ C 39, 8.2.2014, p. 25–26 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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


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