Action brought on 29 May 2012 - Airbus v OHIM (NEO)

(Case T-236/12)

Language of the case: English

Parties

Applicant: Airbus SAS (France) (represented by: G. Würtenberger and R. Kunze, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 February 2012 in case R 1387/2011-1;

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark "NEO" for goods and services in classes 7, 12, and 39 - Community trade mark application No 9624974

Decision of the Examiner: Partially refused to register the community trade mark application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:

-    Infringement of Articles 64(1) and 59 of Council Regulation No 207/2009;

-    Infringement of Articles 7(1)(b), 7(1)(c) and 7(2) of Council Regulation No 207/2009; and

-    Infringement of Articles 75 and 76 of Council Regulation No 207/2009.

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