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Case T-567/12: Action brought on 21 December 2012 — Kaatsu International/OHIM (KAATSU)
ECLI:EU:UNKNOWN:62012TN0567
62012TN0567
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Official Journal of the European Union
C 63/23
(Case T-567/12)
2013/C 63/46
Language of the case: English
Parties
Applicant: Kaatsu International Co. Ltd (Morningside Drive, United States) (represented by: M. Edenborough, QC)
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 contested decision of the Board;
—Order the defendant to pay to the Applicant the Applicant’s costs of and occasioned by this appeal.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘KAATSU’ for goods and services in classes 9, 10, 16, 28, 41 and 44 — Community trade mark application No 10 179 547
Decision of the Examiner: Rejected the CTM application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.