Action brought on 12 December 2013 – Time v OHIM (InStyle)

(Case T-651/13)

Language of the case: English

Parties

Applicant: Time Inc. (New York, United States) (represented by: D. Cañadas Arcas, lawyer)

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 20 September 2013 given in Case R 827/2013-2;

Order the defendant to bear the costs of proceedings, including the costs of the appeal proceeding incurred before the Office.

Pleas in law and main arguments

Community trade mark concerned: The figurative trade mark for goods and services in Classes 9, 16 and 41 – Community trade mark application No 11 264 223

Decision of the Examiner: Rejected partially the application

Decision of the Board of Appeal: Dismissed the appeal

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