Action brought on 15 March 2012 - Smartbook v OHIM (SMARTBOOK)
(Case T-123/12)
Language of the case: German
Parties
Applicant: Smartbook AG (Offenburg, Germany) (represented by C. Milbradt and A. Schwarz, 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 15 December 2011 (Case R 799/2011-2);
order the defendant to pay the costs including the costs incurred in the course of the appeal procedure.
Pleas in law and main arguments
Community trade mark concerned: the word mark 'SMARTBOOK' (application No 8 426 348) for goods in Classes 9, 16 and 28
Decision of the Examiner: rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has distinctive character and is not descriptive of the goods at issue.
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