Action brought on 5 February 2013 - Novartis/OHMI (CARE TO CARE)

(Case T-68/13)

Language of the case: English

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, 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 First Board of Appeal of 29 November 2012 - R 953/2012-1 ;

Order the Office for Harmonisation in the Internal Market (Trade Marks and Design) to bear the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark "CARE TO CARE" for services in classes 41 and 42 - Community trade mark application No 10 224 657

Decision of the Examiner: Rejected the CTM application

Decision of the Board of Appeal: Dismissed the appeal

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

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