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Case T-323/13: Action brought on 14 June 2013 — Pure Fishing/OHIM — Łabowicz (NANOFIL)
ECLI:EU:UNKNOWN:62013TN0323
62013TN0323
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31.8.2013
EN
Official Journal of the European Union
C 252/31
(Case T-323/13)
2013/C 252/52
Language in which the application was lodged: English
Parties
Applicant: Pure Fishing, Inc. (Spirit Lake, United States) (represented by: J. Dickerson, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Edward Łabowicz (Kłodzko, Poland)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Board of Appeal in case no R1241/2012-2;
—Authorize for registration CTM application no 9611872; and
—Order the defendant to pay the costs of the action.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘NANOFIL’ for goods in class 28 — Community trade mark application No 9 611 872
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Community trade mark registration of the figurative mark ‘NANO’ for goods in class 28
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.