Action brought on 3 March 2014 – EE v OHIM (Device of a yellowy pattern)

(Case T-143/14)

Language of the case: English

Parties

Applicant: EE Ltd (Hatfield, United Kingdom) (represented by: P. Brownlow, Solicitor)

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 Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 November 2013 given in Case R 703/2013-2.

Pleas in law and main arguments

Community trade mark concerned: The figurative trade mark representing a device of a yellowy pattern for goods and services in Classes 7, 9, 16, 25, 35-39, 41, 42 and 45 – Community trade mark application No 11 388 311

Decision of the Examiner: Found the mark applied for not eligible for registration

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) CTMR.