Action brought on 21 December 2012 - Kaatsu International/OHIM (KAATSU)

(Case T-567/12)

Language of the case: English

Parties

Applicant: Kaatsu International Co. Ltd (Morningside Drive, United States) (represented by: M. Edenborough, QC)

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 contested decision of the Board;

Order the defendant to pay to the Applicant the Applicant's costs of and occasioned by this appeal.

Pleas in law and main arguments

Community trade mark concerned: The word mark "KAATSU" for goods and services in classes 9, 10, 16, 28, 41 and 44 - Community trade mark application No 10 179 547

Decision of the Examiner: Rejected the CTM application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.

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