Action brought on 16 September 2013 – Boston Scientific Neuromodulation v OHIM (PRECISION SPECTRA)

(Case T-497/13)

Language of the case: English

Parties

Applicant: Boston Scientific Neuromodulation Corp. (Valencia, United States) (represented by: P. Rath and W. Festl-Wietek, 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 Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2013 given in Case R 2099/2012-5;

Declare Community trade mark application 009725912 to be eligible for registration; and

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark “PRECISION SPECTRA” for goods and services in Classes 9 and 10 – Community trade mark application No 9 725 912

Decision of the Examiner: Partially refused the CTM application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of 7(1)(b), (c) and 65(2) CTMR.