Action brought on 15 June 2012 - Unister v OHIM (Ab in den Urlaub)

(Case T-273/12)

Language of the case: German

Parties

Applicant: Unister GmbH (Leipzig, Germany) (represented by H. Hug and A. Kessler-Jensch, lawyers)

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

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 April 2012 in Case R 2150/2011-1;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'Ab in den Urlaub' for services in classes 35, 39, 41 and 43 - Community trade mark application No 9 692 286

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

Infringement of Article 7(1)(b) of Regulation No 207/2009

Infringement of Article 7(3) of Regulation No 207/2009

____________