8.9.2014

Official Journal of the European Union

C 303/54

(Case T-530/14)

2014/C 303/64

Language of the case: German

Parties

Applicant: Verein Sterbehilfe Deutschland (Verein StHD) (Zurich, Switzerland) (represented by P. Brauns, 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 partial rejection of Community trade mark application No 1 1 6 24 483 of 13 August 2013 and the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 May 2014 in case R 1940/2013-4;

—order that Community trade mark application No 1 1 6 24 483 (also) for the following services be allowed to proceed to registration:

—35: News clipping services; Dissemination of advertisements; Direct mail advertising;

—41: Publication of books; General public information work on the subject of ‘dying’ by events such as seminars, speaking tours and other training courses; Publication and editing of printed material on the subject of ‘dying’;

—44: Advisory services relating to pharmaceutics; Medical assistance; Advisory services relating to health; Nursing care; Therapy services; Services of a psychologist;

—45: Personal and social services, provided by third parties, regarding individual needs, namely family support, clinic support, disabled support, assisted dying, end-of-life care, end-of-life care through counselling; comfort and assistance for those affected and helpers, general life counselling with particular regard to the subject of ‘dying’, day-services, night watches, around the clock care, Sunday and public holiday services, advisory services nationwide, nursing services nationwide;

—order the defendant to pay the costs of appeal proceedings R 1940/2013-4 and of the present proceedings.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark representing a black ribbon for services in classes 35, 41, 44 and 45 — Community trade mark application No 1 1 6 24 483

Decision of the Examiner: Application rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

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

—Infringement of Article 7(1)(b), (c) and (d) of Regulation No 207/2009;

—Infringement of Article 7(1)(f) of Regulation No 207/2009