21.9.2013

EN

Official Journal of the European Union

C 274/24

(Case T-404/13)

2013/C 274/41

Language of the case: German

Parties

Applicant: NIIT Insurance Technologies Ltd (London, United Kingdom) (represented by M. Wirtz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Form of order sought

—Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2013 in Case R 1308/2012-5 concerning Community trade mark registration 010355527, Word: SUBSCRIBE and the preceding decision of the Trade Mark Department of OHIM of 22 May 2012, in so far as protection was denied to the mark;

—Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘SUBSCRIBE’ for goods and services in Classes 9, 16 and 42 — Community trade mark registration No 10 355 527

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

—Infringement of Article 7(1)(b) and (2) of Regulation No 207/2009;

—Infringement of Article 83 of Regulation No 207/2009 in conjunction with the principle of equal treatment and Articles 6 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 in the version of Protocol No 11, which entered into force on 1 November 1998;

—Infringement of Article 56 of the Treaty on the Functioning of the European Union.