Action brought on 3 December 2013 – IOIP Holdings v OHIM (GLISTEN)

(Case T-648/13)

Language of the case: English

Parties

Applicant: IOIP Holdings LLC (Fort Wayne, United States of America) (represented by: H. Dhondt and S. Kinart, lawyers)

Defendant: Office for Harmonization 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 Harmonization in the Internal Market (Trade Marks and Designs) of 11 September 2013 given in Case R 1028/2013-2;

Order the Office to register the Community trade mark applied for;

Order the defendant to bear the costs of proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark “GLISTEN” for goods in Class 3 – Community trade mark application No 11 305 273

Decision of the Examiner: Rejected the application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) CTMR