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Case T-379/13: Action brought on 22 July 2013 — Innovation First/OHIM (NANO)
ECLI:EU:UNKNOWN:62013TN0379
62013TN0379
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Official Journal of the European Union
C 260/50
(Case T-379/13)
2013/C 260/89
Language of the case: English
Parties
Applicant: Innovation First, Inc. (Greenville, United States) (represented by: J. Zecher, lawyer)
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 First Board of Appeal of the defendant of April 19, 2013 in the matter R 1271/2012-1;
—Order the defendant to pay the costs of the proceedings, including the cost of the appeal proceeding before the defendant.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘NANO’ for goods and services in classes 9, 28 and 41 — Community trade mark application No 9 157 421
Decision of the Examiner: Rejected the CTM application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 75 and 37(3) of Council Regulation No 207/2009, Rule 50(2)(h) of Regulation No 2868/95 and Articles 76 and 7(1)(b) and (c) of Council Regulation No 207/2009.