Action brought on 29 October 2013 – Sharp v OHIM (BIG PAD)
(Case T-567/13)
Language of the case: English
Parties
Applicant: Sharp KK (Osaka, Japan) (represented by: G. Macias Bonilla, G. Marín Raigal, P. López Ronda and E. Armero, 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 the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 August 2013 given in Case R 2131/2012-2;
Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Community trade mark concerned: The figurative mark containing the verbal elements “BIG PAD” for goods and services in Class 9 – Community trade mark application No 10 887 231
Decision of the Examiner: Rejected the CTM application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 7(1)(b) and 7(1)(c) CTMR.