Action brought on 23 November 2015 – Novartis v OHIM (Representation of a crescent in green and white)

(Case T-679/15)

Language of the case: English

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Zintler, lawyer)

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

Details of the proceedings before OHIM

Trade mark at issue: Community figurative mark (Representation of a crescent in green and white) – Application for registration No 13 189 139

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 23 September 2015 in Case R 78/2015-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

declare that Article 7(1)(b) of Regulation No 207/2009 does not preclude the sign at issue (Community trade mark No 13 189 139) in respect of the goods in Class 5 described in the application for registration;

order the defendant to pay the costs.

Plea(s) in law

Infringement of Article 7(1)(b) of Regulation No 207/2009.

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