Action brought on 9 September 2013 – nMetric v OHIM (SMARTER SCHEDULING)
(Case T-499/13)
Language of the case: English
Parties
Applicant: nMetric LLC (Costa Mesa, United States) (represented by: T. Fuchs and A. Münch, lawyers)
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 17 June 2013 given in Case R 887/2012-2;
Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Community trade mark concerned: The word mark “SMARTER SCHEDULING” for goods in Class 9 – International registration No 1 093 837 designating the European Union
Decision of the Examiner: Refused the application in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and 7(2) CTMR.