Action brought on 12 April 2013 - Olive Line International v OHIM (OLIVE LINE)

(Case T-209/13)

Language of the case: Spanish

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (represented by: M. Aznar Alonso, lawyer)

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

Form of order sought

The applicant claims that the General 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 31 January 2013 in Case R 1447/2012-1;

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark representing a green quadrangular bottle including the words 'OLIVE LINE' for goods in Class 29 - International registration no 1 088 753 designating the European Community

Decision of the Examiner: Application rejected

Decision of the Board of Appeal: Appeal dismissed

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

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