Action brought on 4 December 2013 – TrekStor v OHIM (SmartTV Station)

(Case T-649/13)

Language of the case: German

Parties

Applicant: TrekStor Ltd (Hong Kong, China) (represented by O. Spieker, lawyer)

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

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of OHIM of 1 October 2013 (Case R 128/2013-4) and alter the contested decision to the effect that the mark ‘SmartTV Station’ (Application No: 010595577) is allowed to proceed to registration in its entirety;

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘SmartTV Station’ for goods in Class 9 – Community trade mark application No 10 595 577

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)(b) of Regulation (EC) No 207/2009