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Case T-504/12: Action brought on 19 November 2012 — Murnauer Markenvertrieb v OHIM (NOTFALL CREME)
ECLI:EU:UNKNOWN:62012TN0504
62012TN0504
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26.1.2013
Official Journal of the European Union
C 26/63
(Case T-504/12)
2013/C 26/124
Language of the case: German
Parties
Applicant: Murnauer Markenvertrieb GmbH (Trebur, Germany) (represented by F. Traub and H. Daniel, lawyers)
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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 September 2012 in Case R 271/2012-4;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the figurative mark, including the word element ‘NOTFALL CREME’ for goods in Classes 3 and 5 — Community trade mark application No 10 107 134
Decision of the Examiner: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 7(1)(b) and (c) and Article 83 of Regulation No 207/2009