Action brought on 6 November 2012 - CeWe Color v OHIM (SMILECARD)

(Case T-484/12)

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

____________