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Case T-242/14: Action brought on 17 April 2014 — The Smiley Company v OHIM (Shape of a face)
ECLI:EU:UNKNOWN:62014TN0242
62014TN0242
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Valentina R., lawyer
25.8.2014
EN
Official Journal of the European Union
C 282/37
(Case T-242/14)
2014/C 282/48
Language of the case: English
Parties
Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2014 given in Case R 836/2013-1;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Community trade mark concerned: Tri-dimensional mark representing the shape of a face for goods in classes 29 and 30 — Community trade mark application No 1 1 1 68 762
Decision of the Examiner: Found the mark applied for not eligible for registration pursuant to Article 7(1)(b) of the Regulation No 207/2009
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) of the Regulation No 207/2009