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Case T-648/13: Action brought on 3 December 2013 — IOIP Holdings v OHIM (GLISTEN)
ECLI:EU:UNKNOWN:62013TN0648
62013TN0648
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Official Journal of the European Union
C 61/10
(Case T-648/13)
2014/C 61/16
Language of the case: English
Parties
Applicant: IOIP Holdings LLC (Fort Wayne, United States of America) (represented by: H. Dhondt and S. Kinart, lawyers)
Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 11 September 2013 given in Case R 1028/2013-2;
—Order the Office to register the Community trade mark applied for;
—Order the defendant to bear the costs of proceedings.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘GLISTEN’ for goods in Class 3 — Community trade mark application No 11 305 273
Decision of the Examiner: Rejected the application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) CTMR