20.10.2012 |
EN |
Official Journal of the European Union |
C 319/13 |
Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (EUROPE IP ZONE)
(Case T-369/12)
2012/C 319/24
Language of the case: English
Parties
Applicant: American Express Marketing & Development Corp. (New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda, and S. Kirschstein-Freund, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1451/2011-2; |
— |
In the alternative, amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1451/2011-2, and rule that the appeal is justified; and |
— |
Order the defendant to pay the costs of the appeal proceedings and of the proceedings before the Court. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘EUROPE IP ZONE’ for services in class 42 — Community trade mark application No 9488032
Decision of the Examiner: Rejected the CTM application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.