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Case T-679/15: Action brought on 23 November 2015 — Novartis v OHIM (Representation of a crescent in green and white)
ECLI:EU:UNKNOWN:62015TN0679
62015TN0679
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Official Journal of the European Union
C 90/20
(Case T-679/15)
(2016/C 090/27)
Language of the case: English
Parties
Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Zintler, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Details of the proceedings before OHIM
Trade mark at issue: Community figurative mark (Representation of a crescent in green and white) — Application for registration No 13 189 139
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 23 September 2015 in Case R 78/2015-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—declare that Article 7(1)(b) of Regulation No 207/2009 does not preclude the sign at issue (Community trade mark No 13 189 139) in respect of the goods in Class 5 described in the application for registration;
—order the defendant to pay the costs.
Plea(s) in law
—Infringement of Article 7(1)(b) of Regulation No 207/2009.