Action brought on 28 December 2012 - Matrix Energetics International/OHIM (MATRIX ENERGETICS)

(Case T-573/12)

Language of the case: English

Parties

Applicant: Matrix Energetics International, Inc. (Lynnwood, United States) (represented by: R. Böhm, 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 Harmonisation in the Internal Market (Trade Marks and Designs) of 25 October 2012 in Case R 56/2012-4;

Order the Office Harmonisation in the Internal Market (Trade Marks and Designs) to bear the costs of the proceeding.

Pleas in law and main arguments

Community trade mark concerned: The word mark "MATRIX ENERGETICS" for services in class 41 - International registration No W 995 247

Decision of the Examiner: Refused protection of the International Registration designating the European Union

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.

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