Judgment of the General Court of 5 February 2015 — nMetric LLC v OHIM (SMARTER SCHEDULING)
(Case T-499/13) 1
(Community trade mark — International registration designating the European Community — Word mark SMARTER SCHEDULING — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: nMetric LLC (Costa Mesa, California, United States) (represented by: T. Fuchs and A. Münch, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 17 June 2013 (Case R 887/2012-2), concerning the international registration, designating the European Community, of the word mark SMARTER SCHEDULING.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders nMetric LLC to pay the costs.
________________________1 OJ C 344, 5.2.13.