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Document 62012TN0484

    Case T-484/12: Action brought on 6 November 2012 — CeWe Color v OHIM (SMILECARD)

    SL C 26, 26.1.2013, p. 53–54 (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 26/53


    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:

    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;

    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


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