Judgment of the General Court of 23 January 2014 – NCL v OHIM (NORWEGIAN GETAWAY)

(Case T-513/12) ¹

(Community trade mark – Application for the Community word mark NORWEGIAN GETAWAY – Absolute grounds for refusal – Descriptive character – Lack of distinctiveness – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: NCL Corporation Ltd (Miami, Florida, United States) (represented by: N. Grüger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2012 (Case R 1014/2012-4), concerning an application for registration of the word sign NORWEGIAN GETAWAY as a Community trade mark.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders NCL Corporation Ltd., in addition to bearing its own costs, to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

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¹     OJ C 26, 26.1.2013.