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Case T-687/13: Action brought on 13 December 2013 — Unibail Management v OHIM (Representation of two lines and four stars)
ECLI:EU:UNKNOWN:62013TN0687
62013TN0687
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22.2.2014
Official Journal of the European Union
C 52/42
(Case T-687/13)
2014/C 52/81
Language of the case: French
Parties
Applicant: Unibail Management (Paris, France) (represented by: L. Bénard, A. Rudoni, O. Klimis, 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 in part the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 September 2013 in Case R 299/2013-2 in so far as the registration of Community mark No 10 939 981 for goods and services in Classes 16, 35, 36, 38, 41 and 42 was refused;
—order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Figurative mark composed of four five-pointed stars, preceded and followed by a horizontal line for goods and services in Classes 16, 35, 36, 38, 39, 41, 42 and 43 — Community trade mark application No 10 939 981
Decision of the Examiner: Rejection of the application for registration
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 7(1)(b), read in conjunction with the first sentence of Article 75, of Regulation (EC) No 207/2009