Action brought on 19 April 2013 - NIIT Insurance Technologies v OHIM (EXACT)

(Case T-228/13)

Language of the case: German

Parties

Applicant: NIIT Insurance Technologies Ltd. (London, United Kingdom) (represented by M. Wirtz, lawyer)

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

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 February 2013 in Case R 1307/2012-4 concerning Community trade mark registration 010355501, Word: EXACT and the previous decision of the Trade Marks Department of OHIM of 29 May 2012 concerning Community trade mark registration 010355501, Word: EXACT, in so far as the trade mark was refused protection;

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word Mark EXACT for goods and services in Classes 9, 16 and 42 - Community trade mark registration No 10 355 501

Decision of the Examiner: Partial rejection of the registration

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

Infringement of Article 7(1)(c) of Regulation No 207/2009;

Infringement of Article 7(1)(b) of Regulation No 207/2009;

Infringement of Article 83 of Regulation No 207/2009 in conjunction with the principle of equal treatment and of Articles 6 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950, in the version of Protocol 11, which entered into force on 1 November 1998;

Infringement of Article 56 of the Treaty on the Functioning of the European Union.

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