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Case T-123/12: Action brought on 15 March 2012 — Smartbook v OHIM (SMARTBOOK)
ECLI:EU:UNKNOWN:62012TN0123
62012TN0123
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Official Journal of the European Union
C 157/8
(Case T-123/12)
2012/C 157/13
Language of the case: German
Parties
Applicant: Smartbook AG (Offenburg, Germany) (represented by C. Milbradt and A. Schwarz, 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 15 December 2011 (Case R 799/2011-2);
—order the defendant to pay the costs including the costs incurred in the course of the appeal procedure.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘SMARTBOOK’ (application No 8 426 348) for goods in Classes 9, 16 and 28
Decision of the Examiner: rejection of the application
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 as the mark applied for has distinctive character and is not descriptive of the goods at issue.