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Case T-68/13: Action brought on 5 February 2013 — Novartis/OHMI (CARE TO CARE)
ECLI:EU:UNKNOWN:62013TN0068
62013TN0068
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Official Journal of the European Union
C 108/30
(Case T-68/13)
2013/C 108/76
Language of the case: English
Parties
Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, 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 29 November 2012 — R 953/2012-1;
—Order the Office for Harmonisation in the Internal Market (Trade Marks and Design) to bear the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘CARE TO CARE’ for services in classes 41 and 42 — Community trade mark application No 10 224 657
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) of Council Regulation No 207/2009.
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