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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