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Case T-370/12: Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (IP ZONE EUROPE)
ECLI:EU:UNKNOWN:62012TN0370
62012TN0370
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Official Journal of the European Union
C 319/13
(Case T-370/12)
2012/C 319/25
Language of the case: English
Parties
Applicant: American Express Marketing & Development Corp. (New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda, and S. Kirschstein-Freund, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1452/2011-2;
—In the alternative, amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1452/2011-2, and rule that the appeal is justified; and
—Order the defendant to pay the costs of the appeal proceedings and of the proceedings before the Court.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘IP ZONE EUROPE’ for services in class 42 — Community trade mark application No 9488057
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.