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Case T-499/13: Action brought on 9 September 2013 — nMetric v OHIM (SMARTER SCHEDULING)
ECLI:EU:UNKNOWN:62013TN0499
62013TN0499
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Valentina R., lawyer
23.11.2013
EN
Official Journal of the European Union
C 344/63
(Case T-499/13)
2013/C 344/116
Language of the case: English
Parties
Applicant: nMetric LLC (Costa Mesa, United States) (represented by: T. Fuchs and A. Münch, lawyers)
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 Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 June 2013 given in Case R 887/2012-2;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘SMARTER SCHEDULING’ for goods in Class 9 — International registration No 1 093 837 designating the European Union
Decision of the Examiner: Refused the application in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and 7(2) CTMR.