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Case T-514/12: Judgment of the General Court of 23 January 2014 — NCL v OHIM (NORWEGIAN BREAKAWAY) (Community trade mark — Application for the Community word mark NORWEGIAN BREAKAWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0514
62012TA0514
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8.3.2014
Official Journal of the European Union
C 71/19
(Case T-514/12) (*)
(Community trade mark - Application for the Community word mark NORWEGIAN BREAKAWAY - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
(2014/C 71/33)
Language of the case: German
Parties
Applicant: NCL (Miami, Florida, United Kingdom) (represented by: N. Grüger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2012 (Case R 1017/2012-4), concerning an application for registration of the word sign NORWEGIAN BREAKAWAY as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders NCL Corporation Ltd., in addition to bearing its own costs, to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
(*) Language of the case: German.
(1) OJ C 26, 26.1.2013.