Action brought on 27 December 2013 – Kinnarps v OHIM (MAKING LIFE BETTER AT WORK)

(Case T-697/13)

Language in which the application was lodged: Swedish

Parties

Applicant: Kinnarps AB (Falköping, Sweden) (represented by: M. Wahlin, lawyer)

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

Form of order sought

Annul the decision of the Second Board of Appeal of OHIM of 28 October 2013 in Case R 2272/2012-2;

Declare that the applicant’s trade mark MAKING LIFE BETTER AT WORK, in respect of the goods and services claimed in the case, has the necessary distinctive character for registration as a Community trade mark;

Order OHIM to pay the applicant’s costs of the proceedings before both the General Court and OHIM.

Pleas in law and main arguments

Community trade mark applied for: Word mark ‘MAKING LIFE BETTER AT WORK’ for goods and services in Classes 16, 20, 35 and 42 – application for registration of a Community trade mark No 10 887 982

Decision of the Examiners: Rejection of the application for registration

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Failure to have regard to Article 7(1)(b) of Regulation No 207/2009