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Case T-520/12: Action brought on 27 November 2012 — Pågen Trademark v OHIM (gifflar)
ECLI:EU:UNKNOWN:62012TN0520
62012TN0520
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Official Journal of the European Union
C 32/22
(Case T-520/12)
2013/C 32/34
Language of the case: Swedish
Parties
Applicant: Pågen Trademark AB (Malmö, Sweden) (represented by J. Norderyd, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 September 2012 (1) in Case R 46/2012-2 and declare that Community trade mark No 1 009 0331 GIFFLAR (fig) applied for by Pågen Trademark AB is to be published and registered, or, in the alternative, order OHIM to publish and register the trade mark;
—Order the defendant to pay the applicant’s costs.
Pleas in law and main arguments
Community trade mark concerned: Figurative mark containing the word element ‘gifflar’ for goods in Classes 29, 30 and 31 — application for registration of Community trade mark No 1 009 0331
Decision of the Examiner: Rejection in part of the application for registration
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
—Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009
—Infringement of Article 7(3) of Regulation No 207/2009
Translator’s note: The correct date of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 46/2012-2 is 18 September 2012 as stated in the OHIM database.