8.3.2014   

EN

Official Journal of the European Union

C 71/19


Judgment of the General Court of 23 January 2014 — NCL v OHIM (NORWEGIAN BREAKAWAY)

(Case T-514/12) (1)

(Community trade mark - Application for the Community word mark NORWEGIAN BREAKAWAY - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

(2014/C 71/33)

Language of the case: German

Parties

Applicant: NCL (Miami, Florida, United Kingdom) (represented by: N. Grüger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2012 (Case R 1017/2012-4), concerning an application for registration of the word sign NORWEGIAN BREAKAWAY as a Community trade mark.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders NCL Corporation Ltd., in addition to bearing its own costs, to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).


(1)  OJ C 26, 26.1.2013.