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Case T-499/13: Judgment of the General Court of 5 February 2015 — nMetric LLC v OHIM (SMARTER SCHEDULING) (Community trade mark — International registration designating the European Community — Word mark SMARTER SCHEDULING — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0499
62013TA0499
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23.3.2015
Official Journal of the European Union
C 96/17
(Case T-499/13)(1)
((Community trade mark - International registration designating the European Community - Word mark SMARTER SCHEDULING - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2015/C 096/21)
Language of the case: English
Parties
Applicant: nMetric LLC (Costa Mesa, California, United States) (represented by: T. Fuchs and A. Münch, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 17 June 2013 (Case R 887/2012-2), concerning the international registration, designating the European Community, of the word mark SMARTER SCHEDULING.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders nMetric LLC to pay the costs.
OJ C 344, 5.2.13.