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Case T-381/13: Action brought on 24 July 2013 — Perfetti Van Melle v OHIM (DAISY)
ECLI:EU:UNKNOWN:62013TN0381
62013TN0381
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21.9.2013
EN
Official Journal of the European Union
C 274/20
(Case T-381/13)
2013/C 274/33
Language of the case: Italian
Parties
Applicant: Perfetti Van Melle SpA (Lainate, Italy) (represented by P. Testa, 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 10 April 2013 in Case R 427/2012-1, in so far as it rejected the application for registration of the trade mark ‘DAISY’ for the following products: confectionery, pastry, sweets, caramels, wine gums, caramel, chewing-gum, gelatine (confectionery), liquorice, lollipops, toffee, pastilles, sugar, chocolate, cocoa.
—Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Community word mark ‘DAISY’, for goods in Class 30 — Community trade mark application No 10 267 037
Decision of the Examiner: Application rejected
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘DAISY’ is not descriptive;
Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘DAISY’ does not describe an essential characteristic of the product;
Infringement of Article 7(1)(b) of Regulation No 207/2009, since the term ‘DAISY’ has distinctive character with regard to confectionery products.