|
21.9.2013 |
EN |
Official Journal of the European Union |
C 274/24 |
Action brought on 8 August 2013 — NIIT Insurance Technologies v OHIM (SUBSCRIBE)
(Case T-404/13)
2013/C 274/41
Language of the case: German
Parties
Applicant: NIIT Insurance Technologies Ltd (London, United Kingdom) (represented by M. Wirtz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Form of order sought
|
— |
Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2013 in Case R 1308/2012-5 concerning Community trade mark registration 010355527, Word: SUBSCRIBE and the preceding decision of the Trade Mark Department of OHIM of 22 May 2012, in so far as protection was denied to the mark; |
|
— |
Order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘SUBSCRIBE’ for goods and services in Classes 9, 16 and 42 — Community trade mark registration No 10 355 527
Decision of the Examiner: Rejection of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
|
— |
Infringement of Article 7(1)(b) and (2) of Regulation No 207/2009; |
|
— |
Infringement of Article 83 of Regulation No 207/2009 in conjunction with the principle of equal treatment and Articles 6 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 in the version of Protocol No 11, which entered into force on 1 November 1998; |
|
— |
Infringement of Article 56 of the Treaty on the Functioning of the European Union. |