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Case T-266/13: Action brought on 16 May 2013 — Brainlab v OHIM (Curve)
ECLI:EU:UNKNOWN:62013TN0266
62013TN0266
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Valentina R., lawyer
27.7.2013
EN
Official Journal of the European Union
C 215/14
(Case T-266/13)
2013/C 215/18
Language of the case: German
Parties
Applicant: Brainlab AG (Feldkirchen, Germany) (represented by J. Bauer, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 March 2013 in Case R 2073/2012-4 and the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 September 2012 in registration procedure No 008608473;
—Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘Curve’ for goods and services in Classes 9, 10, 35, 38, 41, 42, 44 and 45 — Community trade mark application No 8 608 473
Decision of the Examiner: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 7(1)(f) of Regulation No 207/2009