Action brought on 6 February 2012 - ABC-One v OHIM (SLIM BELLY)

(Case T-61/12)

Language of the case: German

Parties

Applicant: ABC-One Produktions- und Vertriebs GmbH (Villach St. Magdalen, Austria) (represented by S. Merz, 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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 November 2011 in Case R 1077/2011-1 concerning the application for registration of the word sign 'SLIM BELLY' as a Community trade mark;

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'SLIM BELLY' (application No 8 576 811) for goods and services in Classes 28, 41 and 44

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has distinctive character and is not descriptive of the goods and services at issue

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