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Case T-497/13: Action brought on 16 September 2013 — Boston Scientific Neuromodulation v OHIM (PRECISION SPECTRA)
ECLI:EU:UNKNOWN:62013TN0497
62013TN0497
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Valentina R., lawyer
23.11.2013
Official Journal of the European Union
C 344/62
(Case T-497/13)
2013/C 344/114
Language of the case: English
Parties
Applicant: Boston Scientific Neuromodulation Corp. (Valencia, United States) (represented by: P. Rath and W. Festl-Wietek, 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 the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2013 given in Case R 2099/2012-5;
—Declare Community trade mark application 009725912 to be eligible for registration; and
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘PRECISION SPECTRA’ for goods and services in Classes 9 and 10 — Community trade mark application No 9 725 912
Decision of the Examiner: Partially refused the CTM application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of 7(1)(b), (c) and 65(2) CTMR.