Action brought on 19 March 2015 — Intesa Sanpaolo v OHIM (WAVE 2 PAY)

(Case T-129/15)

Language of the case: Italian

Parties

Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: P. Pozzi and F. Cecchi, lawyers)

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

Details of the proceedings before OHIM

Trade mark at issue: Community figurative mark containing the word elements ‘WAVE 2 PAY’ — Application for registration No 12 258 117

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 19 January 2015 in Case R 1857/2014-5

Form of order sought

The applicant claims that the Court should:

declare that there was a breach and incorrect application of Article 7(1)(b) and (c) and (2) of Regulation No 207/2009;

declare that there was a breach of Article 75 of Regulation No 207/2009, and also that there were contradictions in the contested decision; and consequently

annul the contested decision;

order OHIM to pay the costs.

Pleas in law

Breach of Article 7(1)(b) and (c) and (2) of Regulation No 207/2009;

Breach of Article 75 of Regulation No 207/2009.