Action brought on 10 December 2013 – The Smiley Company v OHIM (Shape of a cookie)

(Case T-656/13)

Language of the case: English

Parties

Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag, lawyer)

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

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 8 October 2013 given in Case R 997/2013-4;

Order the defendant to bear the costs of proceedings.

Pleas in law and main arguments

Community trade mark concerned: The three-dimensional trade mark representing a shape of a cookie with a smiling face for goods in Classes 29 and 30 – Community trade mark application No 11 133 683

Decision of the Examiner: Rejected partially the application

Decision of the Board of Appeal: Dismissed the appeal

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