Action brought on 22 July 2013 – Innovation First/OHIM (NANO)

(Case T-379/13)

Language of the case: English

Parties

Applicant: Innovation First, Inc. (Greenville, United States) (represented by: J. Zecher, 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 defendant of April 19, 2013 in the matter R 1271/2012-1 ;

Order the defendant to pay the costs of the proceedings, including the cost of the appeal proceeding before the defendant.

Pleas in law and main arguments

Community trade mark concerned: Word mark “NANO” for goods and services in classes 9, 28 and 41 – Community trade mark application No 9 157 421

Decision of the Examiner: Rejected the CTM application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 75 and 37(3) of Council Regulation No 207/2009, Rule 50(2)(h) of Regulation No 2868/95 and Articles 76 and 7(1)(b) and (c) of Council Regulation No 207/2009.