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Case T-123/12: Judgment of the General Court of 11 December 2013 — Smartbook v OHIM (SMARTBOOK) (Community trade mark — Application for Community word mark SMARTBOOK — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0123
62012TA0123
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Official Journal of the European Union
C 31/10
(Case T-123/12)(<span class="super">1</span>)
(Community trade mark - Application for Community word mark SMARTBOOK - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009)
2014/C 31/16
Language of the case: German
Parties
Applicant: Smartbook AG (Offenburg, Germany) (represented by: C. Milbradt, A. Schwarz and F. Reiling, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Intervener in support of the defendant: Qualcomm, Inc. (Dover, Delaware, United States) (represented by: A. Renck, A. Leister and V. von Bomhard, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 15 December 2011 (Case R 799/2011-2), concerning an application for registration of the word sign SMARTBOOK as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Smartbook AG to pay the costs.
(<span class="super">1</span>) OJ C 157, 2.6.2012.