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Document 62012TN0535

    Case T-535/12: Action brought on 8 December 2012 — Still v OHIM (Truck Data Services)

    OJ C 32, 2.2.2013, p. 25–26 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    2.2.2013   

    EN

    Official Journal of the European Union

    C 32/25

    Action brought on 8 December 2012 — Still v OHIM (Truck Data Services)

    (Case T-535/12)

    2013/C 32/40

    Language of the case: German

    Parties

    Applicant: Still GmbH (Hamburg, Germany) (represented by S. Waller, 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 10 September 2012 in Case R 4/2012-1;

    —

    Order the defendant to pay the costs;

    —

    Join the case under Article 50(1) of the Rules of Procedure of the General Court with the action brought in parallel against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 130/2012-1, also of 10 September 2012, regarding the Community trade mark application ‘Fleet Data Services’, application No 009931387.

    Pleas in law and main arguments

    Community trade mark concerned: the figurative mark including the word elements ‘Truck Data Services’ for goods and services in Classes 9, 12, 35, 36, 37 and 39 — Community trade mark application No 9 931 429

    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)(c) of Regulation No 207/2009

    —

    Infringement of Article 7(1)(b) of Regulation No 207/2009

    —

    Infringement of the second sentence of Article [75] of Regulation No 207/2009
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