Action brought on 17 December 2013 – Unibail Management v OHIM (Representation of two lines and four stars)

(Case T-686/13)

Language of the case: French

Parties

Applicant: Unibail Management (Paris, France) (represented by L. Bénard, A. Rudoni, O. Klimis, 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 in part the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 September 2013 in Case R 300/2013-2 in so far as the registration of Community mark No 10 940 161 for goods and services in Classes 16, 35, 36, 38, 41 and 42 was refused;

order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark composed of four five-pointed stars, preceded and followed by a horizontal line for goods and services in Classes 16, 35, 36, 38, 39, 41, 42 and 43 – Community trade mark application No 10 940 161

Decision of the Examiner: Rejection of the application for registration

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b), read in conjunction with the first sentence of Article 75, of Regulation (EC) No 207/2009