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26.1.2013 |
EN |
Official Journal of the European Union |
C 26/53 |
Action brought on 6 November 2012 — CeWe Color v OHIM (SMILECARD)
(Case T-484/12)
2013/C 26/108
Language of the case: German
Parties
Applicant: CeWe Color AG & Co. OHG (Oldenburg, Germany) (represented by U. Sander, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 September 2012 in Case R 2279/2011-4; |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘SMILECARD’ for goods and services in Classes 9, 16 and 40 — Community trade mark application No 9 861 691
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