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Case T-573/12: Action brought on 28 December 2012 — Matrix Energetics International/OHIM (MATRIX ENERGETICS)
ECLI:EU:UNKNOWN:62012TN0573
62012TN0573
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Official Journal of the European Union
C 63/24
(Case T-573/12)
2013/C 63/49
Language of the case: English
Parties
Applicant: Matrix Energetics International, Inc. (Lynnwood, United States) (represented by: R. Böhm, lawyer)
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 Fourth Board of appeal of the Office Harmonisation in the Internal Market (Trade Marks and Designs) of 25 October 2012 in Case R 56/2012-4;
—Order the Office Harmonisation in the Internal Market (Trade Marks and Designs) to bear the costs of the proceeding.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘MATRIX ENERGETICS’ for services in class 41 — International registration No W 995 247
Decision of the Examiner: Refused protection of the International Registration designating the European Union
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.