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Document 62012TN0514

Case T-514/12: Action brought on 22 November 2012 — NCL v OHIM (NORWEGIAN BREAKAWAY)

OJ C 26, 26.1.2013, p. 66–66 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

26.1.2013   

EN

Official Journal of the European Union

C 26/66


Action brought on 22 November 2012 — NCL v OHIM (NORWEGIAN BREAKAWAY)

(Case T-514/12)

2013/C 26/130

Language of the case: German

Parties

Applicant: NCL Corporation Ltd (Miami, United States of America) (represented by N. Grüger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in case R 1017/2012-4 of 12 September 2012 and refer the case back to the Board of Appeal;

in the alternative, annul the decision in respect of services in Class 39: ‘Arranging of cruises, Cruise ship services, Cruise arrangement’ and refer the case back to the Board of Appeal;

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘NORWEGIAN BREAKAWAY’ for services in Class 39 — Community trade mark application No 10 281 905

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) in conjunction with Article 7(2) of Regulation No 207/2009


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